UNION  RAILWAY  COMPANY  OF  NEW  YORK 

CITY. 


Compilation  of  Legislative  Acts,  Municipal  Grants,  &c. 
constituting  the  Charter  of  said  Company,  also  of 
the  Harlem  Bridge,  Morrisania  and  Fordham  Railway 
Company,  the  Melrose  and  West  Morrisania  Railroad 
Company,  and  the  North  Third  Avenue  and  Fleetwood 
Park  Railroad  Company. 


IIOADLY,  LAUTERBACH  & JOHNSON, 

Counsel. 


January  1st,  i9oo. 


S-C/Cy. a»a 


UNION  RAILWAY  COMPANY  OF  NEW  YORK 

CITY. 

Compilation  of  Legislative  Acts,  Municipal  Grants,  &c. 
constituting  the  Charter  of  said  Company,  also  of 
the  Harlem  Bridge,  Morrisania  and  Fordham  Railway 
Company,  the  Melrose  and  West  Morrisania  Railroad 
Company,  and  the  North  Third  Avenue  and  Fleetwood 
Park  Railroad  Company. 


HOADLY,  LAUTERBACH  & JOHNSON, 

Counsel. 


January  1st,  i9oo. 


8^  CA'M 


lxr>  Z \ <^- 


T> 


Table  of  Contents. 


Union  Railway  Company  of  New  York  City. 

page. 


Chapter  340,  Laws  of  1892,  approved  by  the 
Governor  April  20,  1892,  the  charter  of  the 

Company 1 

Consolidation  Agreement,  with  maps  of  routes 
filed  in  the  office  of  the  Secretary  of  State 

Julyfi,  1892 6 

Petition  to  the  Common  Council  of  the  City 
of  New  York  (first  extension),  dated  July  5, 

1892  16 

Amended  statement  of  proposed  extension 
in  the  City  of  New  York  (first  extension), 
filed  in  the  office  of  the  Secretary  of  State 
r July  7,  1892 19 


Consent  of  the  local  authorities  of  the  City 
of  New  York,  and  affidavits  of  publication  of 
notice  of  hearing  (first  extension),  adopted 
August  23rd,  1892,  approved  by  the  Mayor 
August  26th,  1892,  filed  in  the  office  of  the 


Clerk  of  New  York  County  January  17th, 

. 1893 22 

Acceptance  of  the  consent  of  the  local  author- 
ities of  the  City  of  New  York  (first  exten- 
sion), dated  August  31, 1892,  ordered  filed  by 
the  Common  Council  September  14,  1892.  ...  28 

Statement  of  proposed  extension  in  West- 
chester County,  filed  in  the  office  of  the  Sec- 
retary of  State  September  10,  1892 29 


^5 


578620 


11 


PAGE. 

Consent  of  the  local  authorities  of  the  Village 


of  Williamsbridge,  to  extension  of  route, 

passed  September  22,  1892 32 

Permit  of  the  Department  of  Public  Parks 
for  overhead  wires  over  Madison  Avenue 

bridge,  adopted  November  23,  1892 35 

Petition  to  the  Common  Council  of  the  City 
of  New  York  (second  extension),  dated  De- 
cember 5,  1892 37 

Permits  of  the  Board  of  Electrical  Control 
for  overhead  wires,  &c.,  dated  Decembers, 

1892,  February  23,  1894,  March  14,  1894 43 


Consent  of  the  local  authorities  of  the  City^  of 
New  York  and  affidavits  of  publication  of 
notice  of  hearing  (second  extension),  adopted 
December  27,  1892,  approved  by  the  Mayor 
December  28,  1892,  filed  in  the  office  of  the 


Clerk  of  N.  Y.  County  January  17,  1893 48 

Acceptance  of  the  consent  of  the  local  author- 
ities of  the  City  of  New  York  (second  exten- 
sion), dated  Feby.  20,  1893,  ordered  filed  by 

the  Common  Council  February  28,  1893 53 

Statement  of  proposed  extension  in  the  City 
of  New  York  (second  extension),  dated  De- 
cember 4,  1892,  filed  in  the  office  of  the  Secre- 
tary of  State  December  29,  1893 55 

Extension  time  to  complete,  granted  by  the 
local  authorities  of  the  Village  of  South 

Mount  V ernon,  dated 57 

Extension  of  time  of  acceptance  of  Franchise, 
granted  by  the  local  authorities  of  the  Vil- 
lage of  South  Mount  Vernon,  dated 58 

Consent  of  the  local  authorities  of  the  Vil- 
lage of  South  Mount  Vernon  to  extension  of 

route,  dated . 58 

Chapter  598  Laws  of  1891,  became  a law  May 
9,  1894,  ratifying  proceedings  taken  under 
original  act  65 


t 


V 


Ill 


PAGE. 

Consent  of  the  Department  of  Public  Parks 
to  construction  of  Road  upon  Broadway, 

dated  March  30,  1894 66 

Resolution  of  the  Common  Council  of  the 

* City  of  New  York,  relative  to  time  of  com- 

pletion of  road,  adopted  January  7,  1896,  ap- 
proved by  the  Mayor,  January  28,  1896 67 

Lease  to  Metropolitan  Street  Railway  Com- 
pany of  135tli  Street  line,  dated  June  21,  1897. 

Filed  in  the  office  of  the  Secretary  of  State, 

August  13,  1897 67 

Order  extending  time  to  complete  construc- 
tion, dated  January  27,  1898 77 

Permit  bf  the  Department  of  Bridges  to  con- 
struction upon  129th  Street  Plaza,  with  plan, 

and  acceptance  of  same,  dated  September  19, 

1898 96 

# Harlem  Bridge,  Morrisania  and  Fordham 

Railway  Company. 

Chapter  361,  Laws  of  1863,  passed  May  2, 

1863 99 

Articles  of  Association  filed  in  the  office  of 

the  Secretary  of  State,  May  16,  1863  102 

Affidavit  as  to  payment  of  10  per  cent,  filed 
in  the  office  of  the  Secretary  of  State,  June 

13,  1863 105 

Resolutions  amending  Articles  of  Association 
filed  in  the  office  of  the  Secretary  of  State, 

July  1,  1863 107 

Certificate  of  increase  of  capital  stock,  dated 

July  27,  1863 110 

Resolutions  of  the  Boards  of  Supervisors  of 

i Westchester  and  New  York  Counties  relative 

to  Harlem  Bridge,  adopted  respectively,  No- 
vember 29,  1864,  December  10,  1868,  and  Sep- 


IV 


PAGE. 

tember  9,  1868,  the  last  being*  approved  by 

the  acting  Mayor  on  the  same  day. . , 113 

Chapter  715,  Laws  of  1865,  passed  May  12, 

1865  114 

Chapter  815,  Laws  of  1866,  passed  April  25,  ' 

1866  115 

Chapter  892,  Laws  of  1867,  passed  May  11, 

1867  116 

Chapter  658,  Laws  of  1871,  passed  April  20, 

1871  117 

Chapter  517,  Laws  of  1873,  passed  May  15, 

1873  118 

Chapter  553,  Laws  of  1874,  passed  May  22, 

1874  119 

Chapter  295,  Laws  of  1875,  passed  May  13, 

1875  120 

Consent  of  property  owners  to  construction  of 
road  south  of  Harlem  Bridge,  with  map  of 
property,  dated  December,  1878 121 

Consent  of  the  local  authorities  of  the  City  ^ ^ 

of  New  York,  to  extension  of  route  over 
Harlem  Bridge  south  to  129th  Street,  adopt- 
ed in  Board  of  Alderman,  notwithstanding 
the  objections  of  the  Mayor  on  December  31, 

1878.. 122 

Permission  of  the  Department  of  Public 
Works  to  open  Third  Avenue  south  of 

Harlem  Bridge,  dated  April  18,  1879 124 

Resolutions,  permissions  and  approvals  of  the 
Department  of  Public  Parks,  relative  to 
Third  Avenue  Bridge,  dated  respectively 
April  16,  1879 ; May  1,  1879  ; August  14, 

1880;  September  23,  1880  ; October  8,  1880; 

November  4,  1880  ; December  24,  1880 124 

Approval  of  the  Board  of  Railroad  Commis- 
sioners to  increase  of  stock,  dated  September 
23,  1884  129 


V 


PAGE. 

Permission  of  the  Department  of  Public  Parks 

to  open  Lincoln  Avenue 131 

Agreement  with  N.  Y.  N.  H.  & H.  R.  R.  Co., 

as  to  138th  Street  crossing,  dated  June  6,  1885  136 

Permission  of  the  Department  of  Public 

Parks  to  open  Westchester  Avenue  . 138 

Permit  of  the  Board  of  Electrical  Control  for 

overhead  wires,  dated  January  26,  1891  143 

Permission  of  the  Board  of  Railroad  Commis- 
sioners to  change  of  motive  power,  dated 

March  17,  1891 147 

Permit  of  the  Department  of  Public  Parks  to 
operate  cars  by  overhead  trolley  over  Harlem 

Bridge,  adopted  July  15,  1891. . . 160 

Permit  of  the  Commissioner  of  Street  Improve- 
ments for  overhead  trolley,  dated  October  13, 

1891 162 

Permission  of  the  Manhattan  Railway  Com- 
pany to  attach  trolley  and  feeder  wires,  dated 
January  25,  1892 166 

Melrose  and  West  Morrisania  Railroad  Company. 

Articles  of  Association,  filed  in  the  office  of 
the  Secretary  of  State,  August  19,  1886  168 

North  Third  Avenue  and  Fleetwood 
Park  Railroad  Company. 

Articles  of  Association,  filed  in  the  office  of 
the  Secretary  of  State,  January  27,  1890  ....  173 


* 


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in  2016 


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https://archive.org/details/compilationoflegOOunio 


UNION  RAILWAY  COMPANY  OF 
NEW  YORK  CITY. 


Charter  of  the  Union  Railway  Company  of  New 

York  City. 

CHAP.  340-LAWS  1892. 

An  Act  to  amend  chapter  three  hundred  and  sixty-one 
of  the  laws  of  eighteen  hundred  and  sixty-three, 
entitled  { ‘ An  act  to  authorize  the  construction  of  a 
railway  and  tracks  in  the  towns  of  West  Farms  and 
Morrisania,”  and  all  acts  amendatory  thereof. 

Approved  by  the  Governor  April  20,  1892.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  Yorh , represented  in 
Senate  and  Assembly , do  enact  as  folloios  : 

Section  1 . Section  six  of  chapter  three  hundred  and 
sixty-one  of  the  laws  of  eighteen  hundred  and  sixty- 
three,  entitled  “ An  act  to  authorize  the  construction  of 
a railway  and  tracks  in  the  towns  of  West  Farms  and 
Morrisania,”  is  hereby  amended  so  as  to  read  as  fol- 
lows : 

§ 6.  The  corporation  formed  under  this  act  may,  from 
time  to  time,  consolidate  its  capital  stock  and  property 
with  the  capital  stock  and  property  of  any  street  sur- 
face Railroad  Company  incorporated,  or  to  be  here- 
after incorporated,  for  the  purpose  of  building  or  operat- 
ing any  street  surface  railroad  operated  or  to  be  operated 


2 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


by  animal  or  horse  power,  or  by  cable,  electricity,  or 
any  power  other  than  locomotive  steam  power,  the  line 
of  which  is  north  or  east  of  the  Harlem  river,  in  the 
city  of  New  York,  or  the  county  of  Westchester,  or  the 
southern  terminus  of  which  does  not  extend  more  than 
one  thousand  feet  south  of  the  southern  terminus  of  any 
bridge  crossing  the  Harlem  river,  and  which  may  cross, 
intersect  or  prolong  the  line  of  said  railway  of  such  cor- 
poration, or  any  of  its  branches  or  extensions,  or  may 
acquire  by  purchase  or  lease  for  j^ears,  or  other  term, 
the  property  and  franchises  of  any  such  street  surface 
Railroad  Company,  now  or  hereafter  incorporated  for 
the  construction  and  operation  of  any  such  street  sur- 
face railroad  to  be  operated  by  animal  or  horse  power, 
or  by  cable,'  electricity,  or  any  power  other  than  loco- 
motive steam  power,  in  said  city  or  county,  north  or 
east  of  the  Harlem  river,  such  consolidation,  purchase  or 
lease  to  be  on  such  terms  and  conditions  as  the  directors 
of  said  corporations  may  agree  upon,  and  be  executed 
under  the  corporate  seals  of  said  companies,  respect- 
ively, by  their  President,  provided  that  the  same  shall 
be  first  ratified  by  the  votes  of  not  less  than  two-thirds 
in  interest  of  the  stockholders  of  each  of  said  companies 
voting  in  person  or  by  proxy  therefor,  at  meetings  to  be 
specially  called  for  the  purpose  of  considering  such  con 
solidation,  purchase  or  lease,  notice  whereof  shall  be 
given  by  publication  at  least  once  a week  for  four  con- 
secutive weeks  prior  to  the  date  of  such  meetings,  re- 
spectively, in  two  or  more  daily  newspapers  published 
in  the  city  of  New  York,  and  one  copy  whereof  shall 
be  delivered  or  mailed  to  each  of  said  stockholders, 
whose  post  office  address  is  known  to  the  Company 
whereof  he  is  a stockholder.  The  name  of  the  corpo- 
ration formed  by  such  consolidation  shall  be  the  Union 
Railway  Company  of  New  York  City.  The  agreement 
of  such  consolidation  or  indenture  of  purchase  or  lease 
shall  contain  a statement  of  the  amount  of  capital 
stock  deemed  by  the  directors  of  said  companies  to  be 


CHARTER  OF  UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY.  3 


necessary  for  the  purposes  of  carrying  into  effect  such 
consolidation,  purchase  or  lease,  the  par  value  of  each 
share  of  capital  stock  and  the  number  of  shares  to  be 
issued  therefor,  together  with  a description  and  map  of 
the  route  and  the  termini  of  the  respective  railroads  so 
consolidated  or  leased,  whether  at  the  time  constructed 
or  intended  to  be  constructed.  The  original  of  said 
agreement  of  consolidation,  and  of  said  indenture  of 
conveyance  of  lease,  or  a copy  thereof  certified  to  be 
correct,  under  the  seals  of  said  corporations  by  the  sec- 
retaries thereof,  shall  be  filed  in  the  office  of  the  Sec- 
retary of  State,  and  from  the  time  of  such  filing  shall 
be  taken  and  deemed  to  be  the  agreement  and  act  of 
consolidation,  or  indenture  of  conveyance  or  lease,  of 
the  said  companies,  and  binding  and  valid  in  law,  and 
a copy  of  the  said  agreement  and  act  of  consolidation 
or  indenture  or  lease,  duly  certified  by  the  Secretary  of 
State,  under  his  official  seal,  shall  be  evidence  in  all 
Courts  and  places  of  the  existence  of  said  corporation, 
and  that  the  provisions  of  this  act  have  been  fully 
observed  and  complied  with.  Said  Company  may,  from 
time  to  time,  by  consent  of  two-thirds  in  interest  of  the 
holders  of  its  capital  stock,  at  any  meeting  called  for 
that  purpose,  whereof  notice  shall  have  been  given  in 
the  manner  aforesaid,  increase  its  capital  stock  to  such 
an  amount  as  it  may  deem  necessary,  not,  however, 
exceeding  two  millions  of  dollars.  Said  Company  may 
issue  its  negotiable  bonds  bearing  interest  at  any  rate 
not  exceeding  six  per  centum  per  annum,  and  may  sell 
the  same  at  any  rate  approved  by  the  Board  of  Direct- 
ors thereof,  for  the  purpose  of  providing  funds  for  the 
execution  of  any  of  the  purposes  contemplated  by  this 
act,  said  bonds  to  be  payable  at  any  time  and  place 
which  may  be  agreed  on,  and  said  Company  may  also 
mortgage  its  railroad  property  and  franchises  or  any 
part  thereof,  acquired  or  to  be  acquired,  as  security  for 


4 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


the  payment  of  said  bonds  and  interest,  provided  that 
the  amount  of  such  bonds  outstanding  at  anytime  shall 
not  exceed  the  amount  of  the  total  capital  stock  of  said 
Company. 

§ 2.  All  conditions,  burdens,  obligations  and  liabili- 
ties imposed  by  law  or  contract  upon  any  Railroad 
Company  or  persons  so  consolidating  with,  leasing  or 
conveying  to  the  said  Harlem  Bridge,  Morrisania  and 
Fordham  Railroad  Company,  or  to  the  said,  the  Union 
Railway  Company  of  New  York  City,  shall  be  pre- 
served unimpaired  thereby,  and  shall  be  assumed, 
borne  and  performed  by  the  said  Union  Railway  Com- 
pany, so  far  as  the  same  relate  to,  concern  or  bind,  and 
to  the  extent  of  the  property  and  franchises  so  acquired 
by  it  by  consolidation,  lease  or  conveyance,  but  no  fur- 
ther. 

§ 3.  The  provisions  of  sections  ninety- three,  ninety - 
five  and  ninety-eight  of  chapter  five  hundred  and  sixty 
five  of  the  laws  of  eighteen  hundred  and  ninety,  enti- 
tled “An  Act  in  relation  to  railroads,  constituting 
chapter  thirty- nine  of  the  General  Laws,”  and  of  any 
act  amendatory  of  or  supplementary  to  said  sections, 
shall  not  extend  to  said  Union  Railway  Company,  nor 
shall  said  Company  be  bound  by  any  of  the  provisions 
thereof.  The  said  Company  shall  keep  in  permanent 
repair  that  portion  of  the  street  between  the  rails  of 
its  tracks  after  the  same  shall  have  been  paved  or  mac- 
adamized. 

§ 4.  The  President  and  Treasurer  of  the  said  Union 
Railway  Company  shall  annually  make  a verified 
statement  to  the  Comptroller  of  the  City  of  New 
York,  on  or  before  the  first  day  of  September  in 
each  year,  of  the  gross  amount  of  its  receipts  for  the 
year  ending  June  thirtieth  next  preceding,  and  also  a 


CONSOLIDATION  AGREEMENT. 


5 


detailed  account  of  its  daily  earnings  during  that 
period,  and  the  books  of  said  Company  shall  be  open 
to  inspection  and  examination  by  said  Comptroller,  or 
his  duly  appointed  agent,  for  the  purpose  of  ascertain- 
ing the  correctness  of  its  report  as  to  its  gross  earnings, 
and  may  take  proofs  in  relation  thereto.  Whenever 
such  earnings  shall,  during  any  period  of  six  months, 
exceed  an  average  of  seventeen  hundred  dollars  per 
day,  then,  and  in  that  event,  the  said  Company  shall 
thereafter  annually,  on  the  first  day  of  December,  pay 
into  the  treasury  of  the  city  of  New  York,  to  the  credit 
of  the  sinking  fund  of  the  said  city  a sum  equalling 
in  the  aggregate  one  per  cent,  of  its  gross  earnings; 
and  an  additional  annual  payment  of  one  per  cent,  of 
such  gross  earnings  shall  be  made  by  said  Company  in 
like  manner  for  each  multiple  of  seventeen  hundred 
dollars  per  day  of  such  average  gross  earnings.  The 
gross  receipts  of  all  the  lines  of  road  owned  by  said 
Company,  whether  operated  by  said  Company  or  by 
lessees  thereof,  or  of  any  portion  thereof,  shall  be 
deemed  gross  earnings  of  said  Company,  within  the 
meaning  of  this  section.  The  payment  of  the  percent- 
age of  gross  receipts  herein  provided  for  shall  be  in 
lieu  of  all  other  percentages  which  any  of  the  roads 
consolidating  and  forming  the  said  Union  Railway 
Company  may  theretofore  be  liable  to  pay  on  its  re- 
ceipts. 

§ 5.  This  act  shall  take  effect  immediately. 


0 


UNION  RAILWAY  COMPANY  <>F  N.  Y.  CITY. 


Consolidation  Agreement  between  Harlem  Bridge, 
Morrisania  and  Fordiiam  Railway  Company, 
Melrose  and  West  Morrisania  Railroad  Com- 
pany and  North  Third  Avenue  and  Fleetwood 
Park  Railroad  Company. 

This  Joint  Agreement,  made  the  second  day  of 
July,  1892,  between  the  Harlem  Bridge,  Morrisania 
and  Fordham  Railway  Company,  party  of  the  first 
part,  the  Melrose  and  West  Morrisania  Railroad 
Company,  party  of  the  second  part,  and  the  North 
Third  Avenue  and  Fleetwood  Park  Railroad  Com- 
pany, party  of  the  third  part,  witnesseth  : 

That  the  said  Harlem  Bridge,  Morrisania  and  Ford- 
ham  Railway  Company,  said  party  of  the  first  part,  the 
capital  stock  of  which  is  three  hundred  and  fifty  thou- 
sand dollars,  consisting  of  seven  thousand  shares  of  the 
par  value  of  fifty  dollars  each,  is  a street  surface  Rail- 
way Company,  incorporated  under  the  laws  of  the  State 
of  New  York,  for  the  purpose  ol  operating  a street 
surface  railroad  by  power  other  than  steam  locomotive 
power,  upon  a route  the  map  of  which  is  hereto  an- 
nexed, and  which  route  and  the  termini  thereof  are  as 
follows  : 

Commencing  at  or  near  13<  >th  street,  on  Third  ave- 
nue, along  said  avenue  to  and  across  Harlem  Bridge. 

Commencing  at  or  near  the  termination  of  the  Harlem 
or  Cole’s  Bridge,  on  the  Westchester  side,  on  the  Bos- 
ton road,  and  running  along  said  road  to  a point  where 
the  said  road  intersects  with  Fordham  avenue,  and 
thence  along  said  Fordham  avenue,  with  necessary 
turnouts,  to  the  Kingsbridge  road,  thence  along  the 
same  to  the  Harlem  Railroad,  at  or  near  its  depot  at 
Fordham. 

Along  138th  street,  in  the  town  of  Morrisania,  to  Port 
Morris,  and  along  William  street,  Grove  street,  Butter- 


CONSOLIDATION  AGREEMENT. 


7 


nut  street,  Cedar  street  and  River  avenue,  in  said  town 
of  Morrisania,  and  across  Cromwell’s  creek  to  the  village 
of  Highbridgeville,  the  said  railway  tracks  not  to  be 
laid  upon  or  along  any  part  of  Central  avenue  in  said 
town,  except  across  the  same,  and  along  the  Boston 
post-road  to  the  village  of  West  Farms  and  the  village 
of  Westchester,  in  the  town  of  Westchester. 

Through  Lincoln  avenue  and  183rd  street,  or  through 
both  of  said  street  and  avenue,  in  the  town  of  Morris- 
ania, if  necessary  to  connect  the  ferry  of  the  Morris- 
ania Steamboat  Company. 

Along  Westchester  avenue  or  Southern  Westchester 
turnpike  from  its  junction  with  Third  avenue  or  Boston 
road,  in  the  town  of  Morrisania,  through  the  towns  of 
West  Farms  and  Westchester  to  Westchester  village  ; 
and  through  and  along  Morris  street  and  Locust  ave- 
nue, in  the  town  of  West  Farms,  from  the  Harlem  rail- 
road to  West  Farms  village. 

Through  and  along  St.  Ann’ s avenue  to  its  southern 
terminus,  and  through  and  along  Yan  Stoll  street,  other- 
wise known  as  138th  street,  from  Third  avenue  to  the 
Harlem  river,  and  also  through  and  along  College  ave- 
nue from  Kings  Bridge  road  to  its  intersection  with  the 
road  known  as  Fordliam  and  Pelham  avenue,  and 
through  and  along  said  last-named  avenue  to  Pelham 
Bridge,  in  the  town  of  Westchester,  and  also  from  the 
present  terminus  of  the  tracks  of  said  corporation,  at 
or  near  Locust  avenue,  in  the  late  town  of  West  Farms, 
through  and  along  the  main  road  leading  in  an  easterly 
direction  to  the  point  where  said  main  road  intersects 
the  W estchester  turnpike  in  the  said  town  of  W est- 
chester. 


That  the  said  Melrose  and  West  Morrisania  Railroad 
Company,  said  party  of  the  second  part,  the  capital 
stock  of  which  is  three  hundred  thousand  dollars, 
divided  into  six  thousand  shares  of  the  par  value  of 
fifty  dollars  each,  is  a street  surface  railway  company, 
incorporated  under  the  laws  of  the  State  of  New  York, 
for  the  purpose  of  operating  a street  surface  railroad 
by  power  other  than  steam  locomotive  power,  upon  a 
route,  the  map  of  which  is  hereto  annexed,  and  which 
route,  and  the  termini  thereof,  is  as  follows  : 


8 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Beginning  at  North  Third  avenue,  at  or  near  East  One 
hundred  and  thirty-eighth  street,  at  the  tracks  of  the 
Harlem  Bridge,  Morrisania  and  Fordham  Railway  Com- 
pany, running  thence  northerly  through, upon  and  along 
Morris  avenue,  with  double  tracks,  to  East  Railroad 
avenue ; thence  northerly  through,  upon  and  along 
East  Railroad  avenue,  with  double  tracks,  to  East  One 
hundred  and  tifty-sixth  street ; thence  westerly  through, 
upon  and  along  "East  One  hundred  and  fifty  sixth  street 
and  across  the  tracks  of  the  New  York  and  Harlem 
Railroad  Company,  with  double  tracks,  to  West  Rail- 
road avenue  ; thence  northerly  through,  upon  and  along 
West  Railroad  avenue,  with  double  tracks,  to  Morris 
avenue ; thence  northerly  through,  upon  and  along 
M-orris  avenue,  with  double  tracks,  to  East  One  hun- 
dred and  sixty- first  street. 

Also,  beginning  at  East  One  hundred  and  forty -ninth 
street  and  Morris  avenue ; running  thence  easterly, 
with  single  track,  to  Courtland  avenue  ; thence  run- 
ning northerly  through,  upon  and  along  Courtland  ave- 
nue, with  double  tracks,  to  East  One  hundred  and 
sixty-first  street. 

Also,  from  tracks  on  Morris  avenue  and  East  One 
hundred  and  forty-eighth  street ; running  thence  east- 
erly through,  upon  and  along  East  One  hundred  and 
forty-eighth  street,  with  single  track,  to  Courtland 
avenue  ; thence  through,  upon  and  along  Courtland 
avenue,  with  double  tracks,  to  connect  with  the  tracks 
at  East  One  hundred  and  forty-ninth  street. 

Also,  from  the  track  on  Courtland  avenue,  at  East 
One  hundred  and  forty-eighth  street ; thence  southerly 
upon  and  along  Courtland  avenue,  with  double  tracks, 
to  the  intersection  of  Courtland  avenue  and  North 
Third  avenue,  and  to  the  tracks  of  the  Harlem  Bridge, 
Morrisania  and  Fordham  Railway  Company. 

Also,  beginning  at  North  Third  avenue,  at  or  near 
East  One  hundred  and  thirty-eighth  street ; running 
thence  westerly  through,  upon  and  along  East  One 
hundred  and  thirty-eighth  street,  with  double  tracks, 
to  Mott  avenue ; thence  northerly  through,  upon  and 
along  Mott  avenue,  with  double  tracks,  to  East  One 
hundred  and  sixty- fifth  street  ; thence  easterly 
through,  upon  and  along  East  One  hundred  and  sixty- 
fifth  street,  with  double  tracks,  to  the  entrance  of 
Fleetwood  Park. 

Also,  beginning  at  the  intersection  of  Mott  avenue 


CONSOLIDATION  AGREEMENT. 


9 


with  East  One  hundred  and  sixty-first  street  ; thence 
running  easterly  through,  upon  and  along  East  One 
hundred  and  sixty-first  street,  with  double  tracks,  to 
the  intersection  of  said  street  with  North  Third  ave- 
nue, and  to  the  tracks  of  the  Harlem  Bridge,  Morrisania 
and  Fordham  Railway  Company. 

And  also  may  construct  such  switches,  sidings, 
tournouts  and  turn-tables  and  suitable  stands,  as 
may  be  necessary  for  the  convenient  working  of  such 
roads. 


That  the  said  North  Third  Avenue  and  Fleetwood 
Park  Railroad  Company,  party  of  the  third  part,  the 
capital  stock  of  which  is  one  hundred  thousand  dol- 
lars, divided  into  two  thousand  shares  of  the  par 
value  of  fifty  dollars  each,  is  a street  surface  railway 
company,  incorporated  under  the  laws  of  the  State  of 
New  York,  for  the  purpose  of  operating  a street  sur- 
face railroad,  by  power  other  than  steam  locomotive 
power,  upon  a route,  the  map  of  which  is  hereto  an 
nexed,  and  which  route,  and  the  termini  thereof,  are  as 
follows  : 

Beginning  at  a point  on  the  easterly  side  of  Third 
avenue  at  or  near  East  One  hundred  and  Twenty-ninth 
street,  thence  northerly  along  Third  avenue  with  double 
tracks  to  Harlem  Bridge  ; thence  northerly  over,  along 
and  upon  Harlem  Bridge  and  North  Third  avenue  with 
double  tracks  to  the  intersection  of  North  Third  ave- 
nue with  Morris  avenue  at  or  near  East  One  hundred 
and  Thirty-eighth  street ; thence  northerly  with  double 
tracks  through,  upon  and  along  Morris  avenue  to  East 
Railroad  avenue  ; thence  northerly  through,  upon  and 
along  East  Railroad  avenue  with  double  tracks  to  East 
One  hundred  and  Fifty-eighth  street  thence  westerly 
through,  upon  and  along  East  One  hundred  and  Fifty- 
eighth  street,  and  across  the  tracks  of  the  New  York 
and  Harlem  Railroad  Company  and  West  Railroad 
avenue  with  double  tracks  to  Morris  avenue  ; thence 
northerly  through,  upon  and  along  Morris  avenue  with 
double  tracks  to  the  intersection  of  Morris  avenue  with 
One  Hundred  and  Sixty-fifth  street. 


That  this  agreement  has  been  submitted  to  the  stock 


10  UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 

holders  of  each  of  said  companies  at  the  respective 
meetings  thereof  specially  called  for  the  purpose  of 
considering  the  subject  of  consolidation  herein  set  forth, 
and  pursuant  to  a notice  given  by  publication  at  least 
once  a week  for  four  consecutive  weeks  prior  to  the  date 
of  such  meetings  respectively  in  two  or  more  daily  news- 
papers published  in  the  city  of  New  York,  one  copy 
whereof  was  delivered  or  mailed  to  each  of  said  stock- 
holders whose  post  office  address  was  known  to  the 
Company,  and  has  been  ratified  and  adopted  at  such 
meetings  by  more  than  two-thirds  in  interest  of  the 
stockholders  of  the  respective  companies. 

That  the  amount  of  capital  stock  deemed  necessary 
by  the  respective  Boards  of  Directors  of  each  of  said 
companies  for  the  purpose  of  carrying  into  effect  this 
consolidation  is  two  million  dollars,  divided  into  twenty 
thousand  shares  of  the  par  value  of  one  hundred  dollars 
each. 

That  in  consideration  of  the  mutual  covenants  and 
agreements  herein  contained,  the  said  parties  hereto  do 
hereby  merge  and  consolidate  their  respective  capital 
stocks,  franchises  and  property  one  with  another  so  as 
to  form  one  corporation  under  and  in  pursuance  of 
Chapter  361  of  the  Laws  of  1863,  and  various  acts 
amendatory  thereof,  including  Chapter  340  of  the  Laws 
of  1892,  and  by  these  presents  the  said  parties  do  hereby 
covenant  and  agree  upon  and  prescribe  the  terms  and 
conditions  of  such  consolidation  and  the  mode  of  carry- 
ing the  same  into  effect,  which  said  terms  and  conditions 
and  mode  of  carrying  the  same  into  effect  that  mutually 
covenant  and  agree  to  observe,  to  wit : 

First. — That  the  name  of  the  corporation  hereby 
formed  by  said  consolidation  shall  be  the  “ Union 
Railway  Company  of  New  York  City.” 

Second. — That  the  number  of  Directors  of  said  new 
corporation  hereby  formed  shall  be  nine. 


CONSOLIDATION  AGREEMENT. 


11 


Third.  —That  the  names  and  places  of  residence  of  the 
directors  and  other  officers  of  said  new  corporation  who 
shall  be  the  first  directors  and  officers  thereof,  an'd  shall 
manage  its  affairs  for  the  first  year,  or  until  others  shall 
be  chosen  in  their  places,  are  as  follows,  to  wit  : 

Names  of  Directors.  Residences. 

Charles  A.  Stadler,  224  East  44th  st.  New  York  City. 
Wm.  Canid  well,  9 Park  Row,  u “ “ 

Anthony  N.  Brady,  Albany,  N.  Y. 

Robert  C.  Pruyn,  “ “ 

John  C.  De  La  Vergne,  55  East  80th  St.,  New  York  City. 
William  Shaw,  Troy,  New  York. 

Thomas  W.  Olcott,  1 69  Westl  30th  Street,  “ “ “ 

John  W.  McNamara,  Albany,  N.  Y. 

Edward  A.  Maher,  212  Lenox  Avenue,  New  York. 


Officers.  Names. 

President,  Edward  A.  Maher, 

Vice  President,  Charles  A.  Stadler, 

Secretary  and  / tF  ^ , . 

Treasurer,  [ Thomas  W.  Olcott, 


Residences. 
New  York,  N.  Y. 
New  York,  N.  Y. 

New  York,  N.  Y. 


Fourth. — That  the  capital  stock  of  said  new  corpo- 
ration shall  be  two  million  dollars,  consisting  of  twenty 
thousand  shares  of  the  par  value  of  one  hundred  dol- 
lars each. 


Fifth. — That  the  manner  of  converting  the  capital 
stock  of  each  of  said  Companies,  parties  hereto,  into 
the  capital  stock  of  said  new  corporations  shall  be  as 
follows : 

The  capital  stock  of  the  parties  hereto  of  the  second 
and  third  parts,  at  the  rate  of  dollar  for  dollar,  and  the 
stock  of  the  party  of  the  first  part  hereto,  at  the  rate  of 
two  and  tVtt5oV  dollars  for  a dollar,  shall  be  convertible 
into  the  capital  stock  of  said  consolidated  company  and 
new  corporation,  and  upon  presentation  and  surrender 
of  any  outstanding  certificates  of  stock  in  either  of  said 
companies,  the  parties  hereto,  certificates  for  like 


12 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


amount  of  stock  in  said  consolidated  company  and  new 
corporation,  shall  be  issued  to  the  holder  thereof. 

That  the  corporation  hereby  created  may  purchase, 
acquire,  hold  or  dispose  of  the  stock,  bonds  and  other 
indebtedness  of  any  corporation,  domestic  or  foreign, 
and  issue  in  exchange  therefor  its  stocks,  bonds  or  other 
obligation. 

Sixth. — That  there  shall  be  an  election  for  Directors 
for  the  said  new  corporation  on  the  second  Monday  of 
January,  in  the  year  1893,  and  that  there  shall  be  an 
annual  election  for  Directors  of  said  new  corporation  on 
the  second  Monday  of  January  in  each  and  every  year 
thereafter. 

That  the  said  Directors  shall  be  chosen  by  a majority 
of  the  votes  of  the  stockholders  voting  at  such  election 
in  such  manner  as  may  be  prescribed  in  the  by-laws  of 
the  said  consolidated  Company,  and  they  shall  continue 
to  be  the  Directors  of  such  consolidated  Company  for  one 
year  from  the  date  of  their  election,  and  until  others 
are  chosen  and  qualified  in  their  places. 

In  such  election,  each  stockholder  shall  be  entitled 
to  one  vote,  either  in  person  or  by  proxy,  for  each  share 
of  stock  held  by  such  stockholder,  for  thirty  days  pre- 
vious to  such  election. 

Vacancies  occurring  in  the  Board  of  Directors  shall 
be  tilled  in  such  manner  as  shall  be  prescribed  in  the 
by-laws  of  said  consolidated  Company. 

The  President,  Vice-President,  Treasurer  and  Secre- 
tary shall  be  chosen  by  ballot  by  the  directors  imme- 
diately succeeding  the  annual  election  of  directors,  and 
vacancies  shall  be  filled  as  provided  in  the  by-laws  of 
said  Consolidated  Company. 

The  directors  of  the  said  new  Company  may,  from  time 
to  time,  choose  or  appoint  such  other  officers  as  they 
deem  advisable. 

Seventh  — That  all  conditions,  burdens,  obligations 


CONSOLIDATION  AGREEMENT. 


IB 


and  liabilities  imposed  by  law  or  contract  upon  any  of 
the  Railroad  Companies  hereby  consolidating,  shall  be 
preserved  unimpaired  by  such  consolidation,  and  shall 
be  assumed,  borne  and  performed  by  the  new  corpora- 
tion hereby  created,  so  far  as  the  same  relate  to,  con- 
cern or  bind,  and  to  the  extent  of,  the  property  and 
franchise  so  acquired  by  it  by  consolidation,  but  no 
further. 

In  testimony  whereof,  the  said  parties 
of  the  first,  second  and  third  parts,  pur- 
suant to  resolutions  of  their  respective 
Boards  of  Directors,  have  executed  this 
instrument  and  certificate  in  duplicate, 
and  have  hereunto  caused  their  corporate 
names  to  be  signed  and  their  corporate 
seals  to  be  affixed  by  their  respective 
Presidents  the  day  and  year  first  above 
written. 

Harlem  Bridge,  Morrisania  & Fordham 
Railway  Co., 

[seal.]  By  Henry  Spratley, 

President. 

Melrose  and  West  Morrisania  Railroad 
Company, 

[seal.]  By  Wm.  Cauldwell, 

President. 

North  Third  Avenue  and  Fleetwood 
Park  Railroad  Co., 

[seal.]  By  M.  B.  Wynkoop, 

President. 


14 


UN ION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


State  of  New  York,  ) 

City  and  County  of  New  York,  \ ss*  * 

Be  it  remembered,  that  on  this  2nd  day  of  July,  1892, 
at  the  city  of  New  York,  before  me  personally  came 
Henry  Spratlev,  President  of  the  Harlem  Bridge,  Mor- 
risania  & Fordliam  Railway  Company,  with  whom  1 am 
personally  acquainted,  who,  being  by  me  duly  sworn, 
said  that  he  resides  at  43  East  68th  street,  in  the 
city  of  New  York  ; that  he  is  the  President  of  the 
Harlem  Bridge,  Morrisania  & Fordliam  Railway  Com- 
pany ; that  he  knows  the  corporate  seal  of  said  Com- 
pany ; that  the  seal  affixed  to  the  foregoing  instrument 
is  such  corporate  seal  ; that  it  was  affixed  to  the  forego- 
ing instrument  by  authority  of  the  Board  of  Directors  of 
said  Company  ; and  that  he  signed  his  name  thereto  by 
the  like  authority,  and  acknowledged  the  same  to  be 
the  act  and  deed  of  the  said  Harlem  Bridge,  Morrisania 
& Fordliam  Railway  Company,  for  the  uses  and  pur- 
poses therein  mentioned. 

In  witness  whereof,  I have  hereunto  set 
my  hand  and  affixed  my  official  seal  the 
day  and  year  first  above  written. 

George  W.  Vultee, 

[seal.]  Notary  Public  (54), 

C.  & C.  of  N.  Y. 


State  of  New  York,  | . 

City  and  County  of  New  York , f s 

Be  it  remembered,  that  on  this  2nd  day  of  July,  1892, 
at  the  city  of  New  York,  before  me  personally  came 
William  Cauldwell,  President  of  the  Melrose  and  West 
Morrisania  Railroad  Company,  with  whom  I am  per- 
sonally acquainted,  who,  being  by  me  duly  sworn,  said 
that  he  resides  at  1086  Boston  Road,  New  York  City  ; 
that  he  is  the  President  of  the  Melrose  and  West  Mor- 
risania Railroad  Company  ; that  he  knows  the  corporate 


CONSOLIDATION  AGREEMENT. 


15 

seal  of  said  Company  ; that'  the  seal  affixed  to  the  fore- 
going instrument  is  such  corporate  seal  ; that  it  was 
affixed  to  the  foregoing  instrument  by  authority  of  the 
Board  of  Directors  of  said  Company,  and  that  he  signed 
his  name  thereto  by  the  like  authority,  and  acknowl- 
edged the  same  to  be  the  act  and  deed  of  the  said 
Melrose  and  West  Morrisania  Railroad  Company,  for 
the  uses  and  purposes  therein  mentioned. 

In  witness  whereof,  I have  hereunto  set 
my  hand  and  affixed  my  official  seal  the 
day  and  year  first  above  written. 

George  W.  Yultee, 

[seal.]  Notary  Public  (54), 

C.  & C.  of  N.  Y. 


State  of  New  York,  ) 

City  and  County  of  New  York,  ( s ' * 

Be  it  remembered,  that  on  this  2nd  day  of  July, 
1892,  at  the  city  of  New  York,  before  me  personally 
came  Matthew  B.  Wynkoop,  President  of  the  North 
Third  Avenue  and  Fleetwood  Park  Railroad  Company, 
with  whom  I am  personally  acquainted,  who,  being  by 
me  duly  sworn,  says  that  he  resides  at  14  East  47th 
street,  in  the  city  of  New  York  ; that  he  is  the  Presi- 
dent of  the  North  Third  Avenue  and  Fleetwood  Park 
Railroad  Company  ; that  he  knows  the  corporate  seal 
of  said  company  ; that  the  seal  affixed  to  the  foregoing 
instrument  is  such  corporate  seal  ; that  it  was  affixed 
to  the  foregoing  instrument  by  authority  of  the  Board 
of  Directors  of  said  Company,  and  that  he  signed  his 
name  thereto  by  the  like  authority,  and  acknowledged 
the  same  to  be  the  act  and  deed  of  the  said  North 


16 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Third  Avenue  and  Fleetwood  Park  Railroad  Company, 
for  the  uses  and  purposes  therein  mentioned. 

In  witness  whereof,  I have  hereunto  set  my 
hand  and  affixed  my  official  seal  the  day 
and  year  first  above  written. 

G-eorge  W.  Vultee, 

[seal.]  Notary  Public  (54), 

C.  & C.  of  N.  Y. 

Endorsed — Consolidation  Agreement  of  Harlem 
Bridge,  Morrisania  and  Fordham  Railway  Co.,  Melrose 
and  West  Morrisania  Railway  Company,  and  North 
Third  Avenue  and  Fleetwood  Park  Rail  Road  Com- 
pany, as  the  Union  Railway  Company  of  New  York 
City. 

State  of  New  York,  Office  of  Secretary  of 
State.  Filed  and  recorded  Jul.  5,  1892.  Th.  E.  Ben- 
edict, Deputy  Secretary  of  State. 

Tax  for  privilege  of  organization  of  this  corporation. 
$2,500.00  Under  Chapter  143,  Law  of  1886.  Paid  to 
State  Treasurer  before  Filing. 


Petition  to  Common  Council  of  the  City  of  New 

York. 

(First  Extension.) 

To  the  Honorable  the  Common  Council  of  the  City  of 
New  Yorfc : 

The  petition  of  the  Union  Railway  Company  of  New 
York  City  respectfully  shows  : 

That  your  petitioner  is  a corporation  duly  organized 
and  incorporated  under  and  in  pursuance  of  an  Act  of 
the  Legislature  of  the  State  of  New  York,  entitled  “An 
Act  to  amend  Chapter  361  of  the  Laws  of  1863,  entitled 
‘ An  Act  to  authorize  the  construction  of  a railway 


PETITION  TO  COMMON  COUNCIL,  N.Y.CITY  (FIRST  EXTEN.)  17 

and  tracks  in  the  towns  of  West  Farms  and  Morris- 
ania,’  and  all  acts  amendatory  thereof,”  passed  April 
20,  1892. 

That  the  said  company  proposes  to  construct,  extend, 
maintain  and  operate  a street  surface  railroad  for  public 
use  in  conveying  persons  and  property  for  compensation 
in  the  City  of  New  York,  with  double  tracks  connect- 
ing with  the  tracks  of  the  said  Company  already  con- 
structed and  as  may  be  proper,  upon  and  along  the  sur- 
face of  the  following  streets,  avenues  and  highways  in 
the  City  of  New  York,  that  is  to  say  : 

Beginning  at  the  McComb’s  Dam  Bridge  on  Jerome 
avenue  and  extending  through  and  along  said  avenue 
to  the  city  line. 

Beginning  on  Morris  avenue  at  its  intersection  with 
Third  avenue  extending  north  through  and  along  said 
Morris  avenue  to  Ford  ham  Landing  (or  High  Bridge) 
road. 

Beginning  at  the  Harlem  river  on  Willis  avenue  and 
extending  north  through  and  along  said  Willis  avenue 
to  its  intersection  with  Melrose  avenue  ; thence  through 
and  along  said  Melrose  avenue  to  its  intersection  with 
Webster  avenue  ; thence  through  and  along  said 
Webster  avenue  to  its  intersection  with  the  Bronx 
River  Road  ; thence  through  and  along  said  road  to  the 
City  Line. 

Beginning  at  the  City  Line  at  the  Bronx  river  on  Tre- 
mont  avenue  and  extending  west  through  and  along- 
said  Tremont  avenue  to  its  intersection  with  Webster 
avenue  and  Burnside  avenue ; thence  through  and 
along  said  Burnside  avenue  to  its  intersection  with 
Sedgwick  avenue  and  Cedar  avenue ; thence  through 
and  along  Cedar  avenue  to  its  intersection  with  River- 
view  Terrace  ; thence  southerly  through  and  along  said 
Riverview  Terrace  to  its  intersection  with  Sedgwick 
avenue,  also  west  through  and  along  Dock  street  from 
its  intersection  with  the  Riverview  Terrace  to  the  tracks 
of  the  New  York  and  Northern  Railroad  Company. 

Beginning  at  the  intersection  of  Olin  avenue  with 
Webster  avenue  and  extending  east  through  and  along- 
said  Olin  avenue  to  the  city  line. 


18 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Beginning  at  Washington  Bridge,  on  Boscobel  ave- 
nue, and  extending  east  through  and  along  said  avenue 
to  its  intersection  with  Jerome  avenue. 

Beginning  at  the  terminus  of  the  tracks  of  the  Harlem 
Bridge,  Morrisania  and  Fordham  Railway  Company  at 
Fordham,  extending  west  over  and  across  the  bridge  of 
the  New  York  and  Harlem  Railroad  to  Kingsbridge 
road  ; thence  . through  and  along  said  road  to  its  inter-  v 1 

section  with  High  Bridge  Road ; thence  through  and 
along  said  High  Bridge  Road  to  its  intersection  with 
Sedgwick  avenue  ; thence  northerly  along  said  avenue 
to  its  intersection  with  Bailey  avenue  ; thence  along 
Bailey  avenue  to  its  intersection  with  Broadway  at 
Kingsbridge. 

Beginning  on  Sedgwick  avenue  at  its  intersection 
with  Jerome  avenue  and  extending  in  a northerly  di- 
rection through  and  along  said  avenue  to  the  City  Line. 

Together  with  the  necessary  connections,  switches, 
turn-outs,  turn- tables  and  suitable  stands  for  the 
convenient  working  of  the  said  road,  its  extensions  and 
branches. 

And  your  petitioner  further  shows  that  pursuant  to 
the  law  of  this  State,  it  is  necessary  that  your  pe- 
titioner obtain  the  consent  of  the  Common  Council  of 
the  City  of  New  York  to  enable  your  petitioner  to  con-  * 

struct,  extend,  maintain  and  operate  and  use  the  rail- 
road for  whose  construction,  extension,  maintenance 
and  operation  according  to  law  your  petitioner  now 
applies  to  your  Honorable  Body  for  its  consent. 

The  railroad  proposed  to  be  constructed,  extended, 
maintained  and  operated  by  your  petitioner  as  herein- 
before set  forth  is  intended  to  be  operated  by  any 
motive  power  other  than  locomotive  steam  power  which 
now  or  at  any  time  hereafter  may  lawfully  be  used  and 
employed  on  its  route. 

Your  petitioner  therefore  prays  and  hereby  makes 
application  to  the  Common.  Councii  of  the  City  of  New 
York  for  its  consent  and  permission  to  be  granted  to 
your  petitioner,  its  successor,  successors,  lessees  and 
assigns,  to  construct,  extend,  maintain  and  operate  a 
street  surface  railroad  for  public  use  in  the  conveyance  ^ 


AMENDED  STATEMENT  PROPOSED  EXTENSION,  N.Y.  CITY  19 
(FIRST  EXTENSION). 

of  persons  and  property  through,  upon  and  along 
the  surface  of  the  streets,  avenues  and  highways  as 
above  set  forth  and  described,  together  with  all 
necessary  connections,  switches,  sidings,  turn-outs, 
tarn- tables  and  suitable  stands  for  the  convenient 
working  of  said  road,  and  for  the  accommodation  of 
the  company’s  cars  which  should  be  run  over  the  said 
railroad  by  your  petitioner,  its  successors,  lessees  or 
assigns. 

And  your  petitioner  will  ever  pray,  etc. 

Dated  New  York,  July  5,  1892. 

Union  Railway"  Company  of  New  York  Citi\ 

By  Edward  A.  Maher, 

President. 


Amended  Statement  of  Proposed  Extension  in  the 
City  of  New  York. 

(First  Extension.) 

The  Union  Railway  Company  of  New  York  City,  pro- 
poses to  construct,  maintain,  operate  and  extend  a street 
surface  railroad  for  public  use  in  conveying  persons  and 
property  in  the  city  of  New  York,  and  that  the  said 
railroad  is  proposed  to  be  constructed,  extended,  main- 
tained and  operated  with  double  tracks  connecting  with 
the  tracks  of  the  said  Company  already  constructed,  or 
that  may  be  constructed,  and  as  may  be  proper,  upon 
and  along  the  surface  of  the  following  streets,  avenues 
and  highways  in  the  city  of  New  York  ; that  is  to 
say  : 

Beginning  at  the  McComb’s  Dam  Bridge,  on  Jerome 
avenue,  and  extending  through  and  along  said  avenue 
to  the  City  Line. 

Beginning  on  Morris  avenue,  at  its  intersection  with 
Third  avenue,  and  extending  north  through  and  along 


20 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


said  Morris  avenue  to  Fordham  Landing  (or  High 
Bridge)  road. 

Beginning  at  the  Harlem  river  on  Willis  avenue,  and 
extending  north  through  and  along  said  Willis  avenue 
to  its  intersection  with  Melrose  avenue,  thence  through 
and  along  Melrose  avenue  to  its  intersection  with  Web- 
ster avenue,  thence  through  and  along  said  Webster 
avenue  to  its  intersection  with  the  Bronx  River  Road, 
thence  through  and  along  said  road  to  the  City  Line. 

Beginning  at  the  City  Line  at  the  Bronx  river  on  Tre- 
mont  avenue,  and  extending  west  through  and  along 
said  Tremont  avenue  to  its  intersection  with  Webster 
avenue  and  Burnside  avenue,  thence  through  and  along 
said  Burnside  avenue  to  its  intersection  with  Sedgwick 
avenue  and  Cedar  avenue,  thence  through  and  along 
Cedar,  avenue  to  its  intersection  with  Riverview  Terrace, 
thence  southerly  through  and  along  Riverview  Ter- 
race to  its  intersection  with  Sedgwick  avenue,  also  west 
through  and  along  Dock  street  from  its  intersection 
with  Riverview  Terrace  to  the  tracks  of  the  New  York 
and  Northern  Railroad  Company. 

Beginning  at  the  intersection  of  Olin  avenue,  with 
Webster  avenue,  and  extending  east  through  and  along 
said  Olin  avenue  to  the  city  line. 

Beginning  at  Washington  Bridge,  on  Boscobel  ave- 
nue, and  extending  east  through  and  along  said  avenue, 
to  its  intersection  with  Jerome  avenue. 

Beginning  at  the  terminus  of  the  tracks  of  the  Har- 
lem Bridge,  Morrisania  and  Fordham  Railway  Com- 
pany, at  Fordham,  extending  west  over  and  across  the 
bridge  of  the  New  York  and  Harlem  Railroad  to  Kings- 
bridge  Road  ; thence  through  and  along  said  road  to  its 
intersection  with  High  Bridge  Road  ; thence  through 
and  along  said  High  Bridge  Road  to  its  intersection 
with  Sedgwick  avenue  ; thence  northerly  along  said 
avenue  to  its  intersection  with  Bailey  avenue ; thence 
along  Bailey  avenue  to  its  intersection  with  Broadway 
at  Kingsbridge. 

Beginning  on  Sedgwick  avenue,  at  its  intersection 
with  Jerome  avenue,  and  extending  in  a northerly  di- 
rection through  and  along  said  avenue  to  the  city  line. 

Together  with  the  necessary  connection,  switches, 
turnouts,  turntables  and  suitable  stands  for  the  con- 


AMENDED  STATEMENT  PROPOSED  EXTENSION,  N.Y.  CIr^Y  21 
(FIRST  extension). 

venient  working  of  the  said  road,  its  extensions  and 
“branches. 

Dated  New  York,  July  6th,  1892. 

Union  Railway  Company  of  New  York  City, 
[seal.]  by  Edward  A.  Maher,  President. 

State  of  New  York,  i 
City  and  County  of  New  York , f ss-  : 

Be  it  remembered,  that  on  this  sixth  day  of  July, 
1892,  at  the  city  of  New  York,  before  me  personally 
came  Edward  A.  Maher,  President  of  the  Union  Rail- 
way Company  of  New  York  City,  with  whom  lam  per- 
sonally acquainted,  who,  being  by  me  duly  sworn,  said 
that  lie  resides  at  the  city  of  New  York  ; that  he  is  the 
President  of  the  Union  Railway  Company  of  New  York 
City  ; that  he  knows  the  corporate  seal  of  said  Com- 
pany ; that  the  seal  affixed  to  tne  foregoing  instrument 
is  such  corporate  seal ; that  it  was  affixed  to  the  fore- 
going instrument  by  authority  of  the  Board  of  Trustees 
of  said  Company,  and  that  he  signed  his  name  thereto 
by  the  like  authority,  and  acknowledged  the  same  to  be 
the  act  and  deed  of  the  said  Union  Railway  Company 
of  New  York  City,  for  the  uses  and  purposes  therein 
mentioned. 

In  witness  whereof,  I have  hereunto  set 
my  hand  and  affixed  my  official  seal  the 
day  and  year  first  above  written. 

George  W.  Vultee, 

Notary  Public  (54), 

[SEAL-1  C.  & C.  of  N.  Y. 

(Endorsed)  Amended  statement  of  proposed  extension 
of  Union  Railway  Company  of  the  City  of  New  York. 
State  of  New  York,  office  of  Secretary  of  State,  filed 
and  recorded  Jul  7 1892  Th  E.  Benedict,  Deputy 
Secretary  of  State. 


22 


UNION  RAIL W A Y COMPANY  OF  N.  Y.  CITY. 


Consent  of  Local  Authorities  of  the  City  of  New 
York,  and  affidavits  of  publication  of  notice 

OF  HEARING. 


(First  Extension.) 

Resolved,  That  the  consent  of  the  Common  Council 
of  the  City  of  New  York  be,  and  it  hereby  is,  given  to 
the  said  Union  Railway  Company  of  New  York  City, 
to  the  extension,  construction,  maintenance  and  opera- 
tion upon  the  conditions  hereinafter  set  forth,  of  exten- 
sions or  branches  of  their  railroad  upon  and  along  the 
surface  of  the  following  streets,  avenues  and  highways 
of  the  City  of  New  York,  that  is  to  say  : 

Beginning  at  the  McComb’s  Dam  Bridge  on  Jerome 
avenue  and  extending  through  and  along  said  avenue 
to  the  city  line. 

Beginning  on  Morris  avenue  at  its  intersection  with 
Third  avenue  and  extending  north  through  and  along 
said  Morris  avenue  to  Fordham  Landing  (or  High 
Bridge  road). 

Beginning  at  the  Harlem  river  on  Willis  avenue  and 
extending  north  through  and  along  said  Willis  avenue 
to  its  intersection  with  Melrose  avenue  ; thence  through 
and  along  said  Melrose  avenue  to  its  intersection  with 
Webster  avenue;  thence  through  and  along  said  Webster 
avenue  to  its  intersection  with  the  Bronx  River  road  ; 
thence  through  and  along  said  road  to  the  City  Line. 

Beginning  at  the  City  Line  at  the  Bronx  river  on 
Tremont  avenue,  and  extending  west  through  and  along 
said  Tremont  avenue  to  its  intersection  with  Webster 
avenue  and  Burnside  avenue  ; thence  through  and  along 
said  Burnside  avenue  to  its  intersection  with  Sedgwick 
avenue  and  Cedar  avenue  ; thence  through  and  along 
Cedar  avenue  to  its  intersection  with  Riverview  Ter- 
race ; thence  southerly  through  and  along  said  River- 
view  Terrace  to  its  intersection  with  Sedgwick  avenue, 
also  west  through  and  along  Dock  street  from  its  inter- 
section with  Riverview  Terrace  to  the  tracks  of  the  New 
York  & Northern  Railroad  Company. 

Beginning  at  the  intersection  of  Olin  avenue  with 
Webster  avenue  and  extending  east  through  and  along 
said  Olin  avenue  to  the  city  line. 


CONSENT  LOCAL  AUTHORITIES.  N.  Y . C.  (FIRST  EXTEN.)  23 

Beginning  at  Washington  Bridge  on  Boscobel  ave 
nue  and  extending  east  through  and  along  said  avenue 
to  its  intersection  with  Jerome  avenue. 

Bp:ginning  at  the  terminus  of  the  tracks  of  the  Har- 
lem Bridge,  Morrisania  and  Fordliam  Railway  Com- 
pany, at  Fordham,  extending  west  over  and  across  the 
bridge  of  the  New  York  & Harlem  Railroad  to  Kings- 
bridge  road  ; thence  through  and  along  said  road  to  its 
intersection  with  High  bridge  road  ; thence  through  and 
along  said  Highbridge  road  to  its  intersection  with 
Sedgwick  avenue ; thence  northerly  along  said  avenue 
to  its  intersection  with  Bailey  avenue  ; thence  along 
Bailey  avenue  to  its  intersection  with  Broadway,  at 
Kingsbridge. 

Beginning  on  Sedgwick  avenue  at  its  intersection 
with  Jerome  avenue  and  extending  in  a northerly  direc- 
tion through  and  along  said  avenue  to  the  city  line, 
together  with  such  switches,  sidings,  turn-outs,  turn- 
tables and  suitable  stands  as  may  be  necessary  for  the 
convenient  operation  of  said  extensions  or  branches. 

Further  Resolved,  That  the  conditions  upon 
which  the  said  consent  is  hereby  given  are  as  follows, 
to  wit  : 

First. — That  the  provisions  of  Chapter  565  of  the 
Laws  of  1890,  and  the  amendments  thereof,  in  so  far  as 
the  same  are  not  inconsistent  with  the  provisions  of 
Chapter  340  of  the  Laws  of  1892,  shall  be  complied 
with. 

Second. — That  the  President  and  Treasurer  of  the  said 
Union  Railway  Company  of  New  York  City  shall  an- 
nually make  a verified  statement  to  the  Comptroller  of 
the  City  of  New  York,  on  or  before  the  first  day  of  Sep- 
tember in  each  year,  of  the  gross  amount  of  its  receipts 
for  the  year  ending  June  30tli,  next  preceding,  and  also 
a detailed  account  of  its  daily  earnings  during  that 
period,  and  the  books  of  said  Company  shall  be  open  to 
inspection  and  examination  by  said  Comptroller  or  his 
duly  appointed  agent,  for  the  purpose  of  ascertaining 
the  correctness  of  its  report  as  to  its  gross  earnings,  and 


24 


UN ION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


may  take  proofs  in  relation  thereto.  Whenever  such 
earnings  shall,  during  any  period  of  six  months,  exceed 
an  average  of  one  thousand  seven  hundred  dollars  per 
day,  then  and  in  that  event  the  said  Company  shall  there- 
after annually,  on  the  1st  day  of  December,  pay  into 
the  treasury  of  the  city  of  New  York,  to  the  credit  of 
the  Sinking  Fund  of  said  city,  a sum  equalling  in  the  ag- 
gregate one  per  cent,  of  gross  earnings,  and  an  additional 
payment  of  one  per  cent,  of  such  gross  earnings  shall 
be  made  by  said  Company  in  like  manner  for  each  mul- 
tiple of  seventeen  hundred  dollars  per  day  of  such  aver- 
age gross  earnings.  The  gross  receipts  of  all  the  lines 
of  road  owned  by  the  said  Company,  whether  operated 
by  said  Company  or  by  lessees  thereof,  or  any  portion 
thereof,  shall  be  deemed  gross  earnings  of  said  Com- 
pany within  the  meaning  of  this  section.  The  payment 
of  the  percentage  of  gross  receipts  herein  provided  for 
shall  be  in  lieu  of  all  other  percentages  which  any  of 
the  roads  consolidating  and  forming  the  said  Union 
Railway  Company  of  New  York  City,  may,  therefore, 
be  liable  to  pay  on  its  receipts. 

Third. — In  the  construction  of  said  extension  or 
branches,  the  equipment,  material  and  work  employed 
shall  be  ol  the  best  quality  and  character,  and  the  cars 
thereon  shall  be  run  as  often  as  the  convenience  of  the 
public  may  require. 

Fourth.— That  the  said  Railway  Company  and  any 
person  or  corporation  using  the  track,  or  any  part  of  the 
track  extended,  constructed  or  laid  out  under  or  pur- 
suant to  this  consent,  shall  comply  with  all  reasonable 
ordinances  or  regulations  which  the  local  authorities 
having  charge  of  the  aforesaid  extensions  or  branches 
shall  make  as  to  the  rate  of  speed  and  removal  of  ice 
and  snow,  and  shall  not  charge  any  passenger  more  than 
live  cents  from  or  to  any  point  on  the  branches  or  ex- 
tensions hereinbefore  described,  within  the  present 
limits  of  the  city  of  New  York,  nor  from  or  to  any  point 


CONSENT  LOCAL  AUTHORITIES,  N.  Y.  C.  (FIRST  EXTEN.)  25 


on  said  route  or  routes  operated  by  said  Company  or 
under  its  control,  and  connecting  with  the  route  herein- 
above described,  to  or  from  any  point  on  said  route,  or 
any  route,  extension  or  branch  operated  by  said  Com- 
pany or  under  its  control,  and  connecting  with  the  route 
hereinabove  described,  within  the  present  limits  of  the 
city  of  New  York. 

Fifth. — That  the  cars  to  be  used  on  such  branches  or 
extensions  to  the  construction  of  which  this  consent  is 
given  may  be  operated  by  any  motive  power  other  than 
locomotive  steam  power. 

Adopted  by  the  Board  of  Aldermen  August  23d,  1892. 
Approved  by  Mayor,  August  26th,  1892. 

Michael  F.  Blake, 

[seal.]  Clerk  of  the  Common  Council. 

(Filed  in  the  office  of  Clerk  of  New  York  County,  Jan- 
uary 17,  1893.) 


Office  New  York  News  Publishing  Co.  : 

State  of  New  York,  \ 

City  and  County  of  New  York , ( ss'  ' 

William  Hobson  of  the  City  and  County  of  New 
York,  being  duly  sworn,  says  that  he  is  a Principal 
Clerk  employed  in  the  office  of  the  New  York  News , a 
Newspaper  published  in  the  said  City  and  County  of 
New  York,  and  that  the  Notice,  of  which  the  annexed 
is  a copy,  has  been  regularly  published  in  said  New 
York  News  fourteen  times  successively,  commencing  on 
the  14th  day  of  July,  1892. 

Wm.  Hobson. 

Sworn  before  me  this  3rd  ( 
day  of  August,  1892.  \ 

Lotjis  Batzel, 

Notary  Public  (3), 

City  and  County  of  New  York. 


26 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


State  of  New  York, 
City  and  County  of  New  York, 


ss.  : 


A.  B.  Paddock,  being  duly  sworn,  saith  that  he  is 
Chief  Clerk  in  the  office  of  the  New  York  Daily  Sun , a 
newspaper  printed  in  the  City  of  New  York,  that  the 
advertisement  hereto  annexed  has  been  published  in  the 
said  New  York  Daily  Sun , fourteen  times  consecutively, 
commencing  July  14,  1892/ 

A.  B.  Paddock. 

Sworn  to  before  me,  this  3rd  } 
day  of  August,  1892.  \ 

A.  H.  Bradley, 

Notary  Public, 

N.  Y.  Co. 


State  of  New  Y^ork,  ) 

City  and  County  of  New  York , ( s * ' 

David  S.  Owen,  being  duly  sworn,  says,  that  he  is 
the  Principal  Clerk  of  the  Publisher  of  The  New  York 
Law  Journal , a Daily  Newspaper  printed  and  published 
in  the  City  of  New  York;  that  the  advertisement  hereto 
annexed  has  been  regularly  published  in  the  said  The 
New  York  Law  Journal  daily  for  Fourteen  days  suc- 
cessively, commencing  on  the  15th  day  of  July,  1892. 

David  S.  Owen. 


Sworn  to  before  me  this  6th  ) 
day  of  August,  1892.  f 

John  Cosgrove, 

Notary  Public  (197), 

New  York  Co. 


CONSENT  LOCAL  AUTHORITIES,  N.  Y.  C.  (EIRST  EXTEN.)  27 

Public  Notice. 

Office  of  the  Clerk  of  the  Common  Council, 

No.  8 City  Hall. 

New  York,  July  13,  1892. 

Pursuant  to  directions  given  me  in  the  following  reso- 
lution, which  was  adopted  by  the  Common  Council,  July 
12,  1892,  and  approved  by  the  Mayor,  July  13,  1892,  viz.  : 

Resolved,  That  the  2d  day  of  August,  1892,  at  1 o’  clock 
p.  m.,  and  the  Chamber  of  the  Board  of  Aldermen,  be  and 
they  hereby  are  designated  as  the  time  and  place  when  and 
where  the  application  of  the  Union  Railway  Company  of 
New  York  City  to  the  Common  Council  of  the  City  of 
New  York,  for  its  consent  and  permission  that  the  peti- 
tioner may  extend  the  existing  railroad  tracks  of  said  pe- 
titioner, and  may  build,  construct,  extend,  maintain  and 
operate  extensions  or  branches  of  the  said  petitioner’s 
railroad  in  the  City  of  New  York,  as  set  forth  in  the  peti- 
tion of  said  company  for  such  consent,  will  be  first  con- 
sidered, and  that  public  notice  be  given  by  the  Clerk  of 
this  Board  by  publishing  the  same  daily  for  fourteen  days 
in  two  daily  newspapers,  published  in  this  city  to  be 
designated  therefor  by  his  Honor  the  Mayor,  according  to 
the  provision  of  section  92,  as  amended,  of  the  Railroad 
Law,  and  in  the  JNew  York  Law  Journal,  such  advertising 
to  be  at  the  expense  of  the  petitioner. 

Public  notice  is  hereby  given  that  at  the  time  and  place 
named  in  the  resolution  the  following  application  of  the 
Union  Railway  Company  will  be  considered  as  required  by 
the  provisions  of  the  railway  law. 

(Here  follows  petition.) 

All  persons  interested  in  the  foregoing  application  are 
hereby  notified  to  be  present  at  the  time  and  place  men- 
tioned in  the  resolution. 

Michael  F.  Blake, 

Clerk  Common  Council. 


28 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Acceptance  of  Consent  of  Local  Authorities  of 
the  City  of  New  York. 

(First  Extension.) 

Know  all  Men  by  These  Presents  That^— 

Whereas,  On  the  12th  day  of  July,  1892,  applica- 
tion was  duly  made  by  the  Union  Railway  Company  of 
New  York  City  to  the  Common  Council  of  the  Ciiy  of 
New  York  for  its  consent  to  extend,  construct,  maintain 
and  operate  certain  branches  and  extensions  of  its  line 
of  railway  upon  certain  streets,  avenues  and  highways 
in  said  city  ; and 

Whereas,  The  said  Common  Council,  by  resolution 
duly  passed  on  the  23d  day  of  August,  1892,  gave  its 
consent  to  the  said  Union  Railway  Company  of  New 
York  City  to  construct,  operate  and  maintain  such 
branches  and  extensions,  which  resolution  was  on  the 
26th  day  of  August,  1892,  duly  approved  and  signed  by 
the  Mayor  of  the  City  of  New  York. 

Now,  therefore,  the  Union  Railway  Company  of 
New  York  City,  by  these  presents,  does  hereby  accept 
in  all  respects  the  said  consent  of  the  municipal  au- 
thorities of  the  city  of  New  York  to  the  construction, 
operation  and  maintenance  of  said  branches  and  exten- 
sions, and  the  conditions  upon  which  the  said  consent 
was  granted. 

Union  Railway  Company  of  New  York  City, 
[seal.]  By  Edward  A.  Maher, 

President. 

Dated  New  York  City,  August  31,  1892. 


State  of  New  York,  ( . 

City  and  County  of  Now  York , f b 

Be  it  remembered  that  on  this  31st  day  of  August, 
1892,  at  said  city  of  New  York,  before  me,  Daniel  F 


STATEMENT  PROPOSED  EXTENSION,  WESTCHESTER  CO.  29 

Colialan,  a duly  authorized  Notary  Public  for  the  city, 
county  and  State  aforesaid,  came  Edward  A.  Maher, 
with  whom  I am  personally  acquainted,  and  known  to 
me  to  be  the  President  of  the  Union  Railway  Company 
of  New  York  City,  the  corporation  described  in  and 
which  executed  the  above  instrument,  who,  being  by 
me  duly  sworn,  did  depose  and  say  that  he  resides  in 
the  city  and  county  of  New  York  and  State  of  New 
York  ; that  he  is  the  President  of  the  Union  Railway 
Company  of  New  York  City  ; that  he  knows  the  cor- 
porate seal  of  said  Company  ; that  the  seal  affixed  to  the 
foregoing  instrument  is  such  corporate  seal,  and  was  so 
affixed  by  order  of  the  Board  of  Directors  of  said  Com- 
pany, and  that  he  signed  his  name  thereto  by  the  like 
order  as  President  of  said  Company,  and  acknowledged 
the  same  to  be  the  act  and  deed  of  said  Company  for 
the  uses  and  -purposes  therein  set  forth. 

In  witness  whereof,  I have  hereunto  set 
my  hand  and  affixed  my  official  seal  the 
day  and  year  above  written. 

Daniel  F.  Cohalan, 

Nptary  Public  (175), 

City  and  County  of  New  York. 

(Ordered  filed  by  Common  Council  September  14, 
1892.) 


Statement  of  Proposed  Extension  in  Westchester 

County. 

The  Union  Railway  Company  of  New  York  City  pro- 
poses to  construct,  maintain,  operate  and  extend  a 
street  surface  railroad  for  public  use  in  conveying  per- 
sons and  property  in  the  City  of  New  York,  and  said 
railroad  is  proposed  to  be  constructed,  extended,  main- 
tained and  operated  witli  single  or  double  tracks,  con- 
necting with  the  tracks  of  said  company  already  con- 


BO 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


structedor  that  may  he  constructed  upon  Tremont  Ave- 
nue, formerly  called  Locust  Avenue,  in  the  City  of  New 
York,  over  and  west  of  the  Bronx  River  at  its  inter- 
section with  said  Tremont  Avenue,  and  as  may  he 
proper  upon  and  along  the  surface  of  the  following 
streets,  avenues  and  highways  in  the  County  of  West- 
chester, extending  through  the  Town  of  Westchester, 
the  Village  of  Westchester,  and  the  Villages  of  Wil- 
liams Bridge  and  South  Mount  Vernon  to  the  City  of 
Mount  Vernon,  that  is  to  say  : 

Beginning  at  Fifteenth  Avenue  and  Third  Street  in 
the  Village  of  Williams  Bridge,  thence  along  said  Third 
Street  to  White  Plains  Road,  thence  along  said  White 
Plains  Road  to  Briggs  Avenue ; thence  along  said 
Briggs  Avenue  to  the  Old  Boston  Road  ; thence  along 
said  Boston  Road  to  the  road  leading  from  Williams 
Bridge  to  Westchester  Village  ; thence  along  said  road 
to  Main  Street  in  Westchester  Village  ; thence  along 
said  Main  Street  to  the  road  to  Fort  Schuyler;  thence 
along  said  road  to  the  Eastern  Boulevard  ; thence  along 
said  Boulevard  to  the  new  road  on  Long  Island  Sound, 
and  thence  along  said  new  road  to  Long  Island  Sound. 

Also  beginning  at  the  junction  of  the  Bronx  River 
and  the  new  West  Farms  Road,  thence  easterly  along 
said  road  to  Silver  Lane,  thence  easterly  along  said  Sil- 
ver Lane  to  Main  Street  in  Westchester  Village  ; thence 
along  said  Main  Street  to  Westchester  Creek,  with  the 
branch  running  from  said  West  Farms  Road  northerly 
along  the  Bear  Swamp  Road  to  the  point  opposite  the 
Mullally  property  on  said  Bear  Swamp  Road;  also 
with  the  branch  beginning  at  the  intersection  of  the 
road  leading  from  Van  Nest  station  to  Bronxdale  and 
the  new  road  now  being  constructed  through  the  Seg- 
german  Farm  and  running  thence  southerly  along  the 
road  leading  to  Unionport  to  the  Southern  Turnpike 
Road  and  thence  easterly  along  the  Southern  Turnpike 
Road  to  Avenue  C,  Unionport,  and  thence  southerly 
along  said  Avenue  C to  Second  Street  in  Unionport. 

Also  beginning  at  the  junction  of  the  Bronx  River 
and  the  New  West  Farms  Road,  thence  easterly  along 
said  road  to  Watson’s  Lane,  thence  northerly  along 
said  lane  as  now  being  improved  to  the  road  leading 
from  the  Van  Nest  station  to  Bronxdale,  thence  east- 


STATEMENT  PROPOSED  EXTENSION,  WESTCHESTER  CO.  31 


erly  along  the  new  road  being  constructed  through  Seg- 
german’s  Farm  and  Mulally’s  property  to  the  Bear 
Swamp  Road,  and  thence  southerly  aiong  the  Bear 
Swamp  Road  to  the  West  Farms  Road,  thence  easterly 
along  West  Farms  Road  to  Silver  Lane,  and  thence 
easterly  along  Silver  Lane  to  Main  Street  in  Westches- 
ter Village,  and  thence  northerly  along  said  Main  Street 
to  Westchester  Creek. 

Also  beginning  at  the  junction  of  the  Bronx  River 
and  Olin  Avenue  in  the  Village  of  Williams  Bridge, 
thence  easterly  along  said  Olin  Avenue  to  the  Old  White 
Plains  Road,  thence  along  said  road  to  the  Bear  Swamp 
Road  at  Bronxdale  ; thence  along  said  Bear  Swamp 
Road  to  the  West  Farms  Road,  thence  along  said  road 
to  Silver  Lane,  thence  along  said  Silver  Lane  to  Main 
Street  in  Westchester  Village,  thence  along  said  Main 
Street  to  Westchester  Creek. 

Also  beginning  at  the  junction  of  the  Bronx  River 
and  the  Southern  Turnpike  to  Main  Street  in  Westches- 
ter Village,  i hence  southerly  along  said  Main  Street  to 
Westchester  Creek  and  with  the  branch  beginning  at 
said  Southern  Turnpike  and  the  road  leading  to 
Clasons  Point,  thence  southerly  along  said  road  to  the 
East  River. 

Also  beginning  on  the  White  Plains  Boulevard  or 
Third  Street  at  the  northerly  boundary  line  of  said  vil- 
lage of  South  Mount  Vernon,  running  thence  southerly 
to  15th  Avenue  in  said  village  ; also  through  and  along 
19th  and  20th  Avenues  from  Third  Street  or  White  Plains 
Road  to  the  Bronx  River,  and  First  Street  from  19th  to 
20th  Avenues. 

Also  beginning  at  the  junction  of  the  Bronx  River 
and  Olin  Avenue  in  the  village  of  Williams  Bridge, 
thence  easterly  along  said  Olin  avenue  to  the  old  White 
Plains  Road,  thence  southerly  along  said  road  to  the 
limits  of  said  village.  And 

Also  beginning  at  15th  Avenue  and  Third  Street,  in 
the  village  of  Williams  Bridge,  thence  along  said  Third 
Street  to  White  Plains  Road,  thence  along  said  White 
Plains  Road  to  Briggs  Avenue,  thence  along  said 
Briggs  Avenue  to  the  limits  of  said  village. 

Dated,  September  1,  1892. 

Union  Railway  Company  of  New  York  City, 

By 

[seal.]  Edward  A.  Maher, 

President. 


32 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


(Endorsed)  Union  Railway  Company  of  New  York 
City.  Certificate  of  Extension  in  Westchester  Comity. 
State  of  New  York  Office  of  Secretary  of  State.  Filed 
and  recorded  Sep  10  1892  Th.  E.  Benedict  Deputy 
Secretary  of  State. 

Consent  of  the  Local  Authorities  of  the  Village 
of  Willi amsbridge  to  Extension  of  Route. 

At  a special  meeting  of  the  Board  of  Trustees  of  the 
Village  of  Williamsbridge,  duly  held  on  Thursday,  the 
22d  day  of  September,  1892,  the  following  members 
were  present  : 

A.  J.  Mace,  Chairman, 

W.  H.  Keating, 

Peter  Schweickert, 

Robert  W.  Madden, 

Ignatius  E.  Dickert,  and  the  clerk. 

Meeting  called  to  order  at  8:48  p.  m. 

Clerk  read  special  call  of  meeting,  which,  on  motion 
of  Trustee  Schweickert,  seconded  by  Trustee  Madden ^ 
was  adopted  and  ordered  filed. 

Resolutions. 

Trustee  Keating  offered  the  following  resolution 
seconded  by  Prest.  Mace  : 

Whereas,  application  in  writing  has  been  made  to 
this  Board  on  the  first  day  of  September,  1892,  by  the 
Union  Railway  Company  of  New  York  City,  a corpora- 
tion duly  organized  under  the  Laws  of  the  State  of  New 
York,  for  the  purpose  of  building  and  operating  a street 
surface  railroad,  for  the  consent  of  this  Board  to  extend 
the  lines  and  tracks  of  said  Railway  Company  and  to 
build,  lay  and  operate  the  same  through  and  along  cer- 
tain streets,  roads  and  highways  in  the  Village  of  Will- 
iamsbridge, in  the  County  of  Westchester,  namely  : 

Beginning  at  the  junction  of  the  Bronx  River  and 


CONSENT  OF  LOCAL  AUTHORITIES,  W’MSBRIDGE.  33 

Olin  Avenue,-  in  the  Village  of  Williamsbridge,  tlience 
easterly  along  said  Olin  Avenue  to  the  Old  White  Plains 
Road,  thence  southerly  along  said  road  to  the  limits  of 
the  said  village  ; and 

Also  beginning  at  Fifteenth  Avenue  and  Third  street 
in  the  Village  of  Williamsbridge,  thence  along  said 
Third  street  to  White  Plains  Road,  thence  along  said 
White  Plains  Road  to  Briggs  Avenue  ; thence  along 
said  Briggs  Avenue  to  the  limits  of  said  village  ; and 

Whereas,  Public  notice  of  the  time  and  place  where 
said  application  would  first  be  considered  by  this  Board 
was  duly  published,  and  said  application  coming  on 
regularly  to  be  heard  and  due  consideration  having  been 
given  the  same ; 

Now  therefore  resolyed,  that  upon  the  condition 
that  the  provisions  of  Chapter  565  of  the  Laws  of  1890, 
and  the  amendments  thereof,  in  so  far  as  the  same  are 
not  inconsistent  with  the  provisions  of  Chapter  340  of 
the  Laws  of  1892,  shall  be  complied  with,  the  consent  of 
the  Board  of  Trustees  of  the  Village  of  Williamsbridge, 
in  the  County  of  Westchester,  be  and  the  same  is  hereby 
given  to  the  said  Union  Railway  Company  of  New  York 
City  to  extend  the  lines  and  tracks  of  said  railroad  and 
to  build,  lay  and  operate  the  same  through  and  along 
the  following  streets,  roads  and  highways  in  the  Village 
of  Williamsbridge,  in  the  County  of  Westchester, 
namely : 

Beginning  at  the  junction  of  the  Bronx  River  and  Olin 
avenue,  in  the  Village  of  Williamsbridge,  thence  east- 
erly along  said  Olin  Avenue  to  the  Old  White  Plains 
Road,  thence  southerly  along  said  road  to  the  limits  of 
said  Village  ; and  also  beginning  at  Fifteenth  Avenue 
and  Third  street,  in  the  Village  of  AVilliamsbridge, 
thence  along  said  Third  street  to  White  Plains  Road, 
thence  along  said  White  Plains  Road  to  Briggs  Avenue, 
thence  along  Briggs  avenue  to  the  limits  of  said  village  ; 

And  be  it  further  resolved,  That  the  said  lines  may 
be  operated  by  any  motive  power  other  than  locomotive 
steam  power,  subject  to  the  following  conditions  : 


34 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


1st.  That  the  rails  be  laid  in  conjunction  with  the 
macadamizing  of  the  White  Plains  Road. 

2d.  That  the  Union  Railway  Company  of  New  York 
City  bear  the  expense  of  making  the  road  between  the 
tracks. 

3d.  That  the  Union  Railway  Company  of  New  York 
City  be  in  operation  within  one  year  from  date  of  con- 
tract. 

4th.  That  the  fare  from  any  part  of  our  village  to 
Harlem  River  be  not  more  than  five  cents  for  one  con- 
tinuous ride  over  any  part  of  their  system. 

On  call  for  the  question  the  vote  was  as  follows  : 

Mace,  aye. 

Keating,  aye. 

Schweickert,  aye. 

Madden,  aye. 

Dickert,  aye. 

Chairman  declared  the  resolution  unanimously  carried. 


[SEAL.] 

Village  of  Williamsbridge,  i 
County  of  Westchester , N.  Y.  ( ss‘  ’ 

I,  the  undersigned,  do  hereby  certify  that  at  a special 
meeting  of  the  Board  of  Trustees  of  Williamsbridge 
duly  held  on  the  22d  day  of  September,  1892,  the  said 
Board  of  Trustees  duly  passed  a resolution  of  which  the 
annexed  is  a true  copy. 

In  witness  whereof,  I have  hereunto  set 
my  hand  and  affixed  the  Corporate  Seal 
of  said  Village  at  Williamsbridge,  N.  Y., 
aforesaid,  on  this  18  day  of  June,  1895. 

Robert  Wallace, 

Clerk  of  the  Board  of  Trustees  of 

Williamsbridge,  N.  Y. 


PERMIT  D.  P.  P.  OVERHEAD  WIRES,  MAD.  AVE.  BRIDGE.  35 

Village  of  Williamsbridge,  / 

County  of  Westchester , N.Y.  f s " 

T,  the  undersigned,  do  hereby  certify  that  at  a special 
meeting  of  the  Board  of  Trustees  of  Williamsbridge, duly 
held  on  the  22d  day  of  September,  1892,  the  said  Board 
of  Trustees  duly  passed  a resolution  giving  a charter  to 
the  Union  Railway  Company  of  New  York  City,  said 
resolution  being  more  fully  recorded  in  the  Book  of 
Minutes  of  that  date  on  pages  143,  144  and  145. 

In  witness  whereof,  I have  hereunto  set 
my  hand  and  affixed  the  Corporate  Seal 
[seal.  1 of  said  Village,  at  Williamsbridge,  N.  Y., 

aforesaid,  on  this  15th  day  of  May,  1895. 

Robert  Wallace, 

Clerk  of  the  Board  of  Trustees 
and  of  Williamsbridge,  N.  Y. 


Permit  of  Department  of  Public  Parks  to  Erect 

Overhead  Wires  over  the  Madison  Avenue 

Bridge. 

The  Union  Railway  Company  of  New  York 
City,  having  heretofore  applied  for  permission  to 
maintain  its  tracks  upon  and  across  the  Madison  Ave- 
nue Bridge  for  the  purpose  of  running  across  the  said 
bridge,  which  cars  have  been  heretofore  operated  by 
animal  traction,  and  the  said  company  having  deter- 
mined to  operate  its  cars  across  the  said  bridge  and 
upon  the  rest  of  its  route  by  electric  traction  ; 

Now,  for  the  purpose  of  enabling  said  company  to 
effect  such  change,  and  for  the  purpose  of  securing 
the  proper  operation  of  the  bridge  as  a drawbridge 
when  so  operated,  and  for  the  purpose  of  securing  to 
the  public  the  greater  facilities  to  be  afforded  by  the 
use  of  electric  power  as  a motive  power,  and  for  other 
purposes. 

Resolved,  That  the  Union  Railway  Company  of 
New  York  City  is  permitted  to  maintain  its  tracks 


36 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


upon  and  across  the  Madison  Avenue  Bridge,  and  is 
permitted  to  run  cars  operated  by  electric  power 
thereon,  and  to  erect  upon  the  bridge  poles  fit  to 
carry  the  wires  necessary  for  the  propulsion  of  the 
said  electric  cars  upon  the  bridge,  and  to  construct 
whatever  additional  fixtures  and  wires  which  may  be 
required  for  such  purposes,  and  has  hereby  granted 
to  said  company  full  power  and  authority  to  run  cars 
to  be  operated  by  electric  power  on  the  tracks  upon 
and  across  the  Madison  Avenue  Bridge,  provided, 
however,  that  the  said  company  shall  so  construct  its 
tracks,  poles,  wires,  fixtures  and  appurtenances,  and 
shall  so  run,  manage  and  operate  its  cars  as  not  to 
impair  the  use  of  the  bridge  as  a drawbridge 
and  public  highway,  and  provided,  further,  the 
said  company  shall  submit  a detailed  specification 
for  the  work  to  be  done  to  this  Department  for 
approval ; and  further,  that  this  permission  shall  be 
subject  to  any  change  in  the  elevation  or  grade  of  the 
bridge  and  approaches. 

Further  Resolved,  That  the  said  Union  Railway 
Company,  in  consideration  of  the  license  herein 
granted,  and  during  the  life  of  this  permit  shall 
supply  electric  power  sufficient  to  operate  the  motor 
to  turn  the  draw  of  the  bridge,  the  power  to  be 
supplied  during  the  Avhole  twenty -four  hours,  it 
being  understood  that  the  Department  of  Parks  shall 
supply  the  plant ; notice  that  such  supply  of  power 
shall  be  required  of  the  Union  Railway  Company  of 
New  York  City  shall  be  given  within  thirty  days 
prior  to  the  date  when  such  power  shall  be  required. 

Further  Resolved,  That  should  it  be  found  at  any 
time  inoperative  or  inadvisable  by  said  Union  Railway 
Company  of  New  York  City  to  operate  its  cars  by 
electric  traction  it  may  abandon  the  use  of  such  power 
and  revert  to  the  use  of  animal  power. 

In  Board,  November  28,  1892. 

Adopted. 

Charles  De  F.  Burns, 
Sec’y  D.  P.  P. 


PETITION  TO  COMMON  COUNCIL,  N.  Y.  CITY  (SECOND  37 
EXTENSION). 

Petition  to  Common  Council  of  the  City  of  New 

York. 

(Second  Extension.) 

To  the  Honorable  the  Common  Council  of  the  City  of 
New  York : 

The  Union  Railway  Company  of  New  York  City  here- 
with makes  and  files  this  application  to  said  authorities 
to  be  allowed  to  build  the  branches  and  extended  lines 
of  the  railway  hereafter  fully  described. 

Said  Union  Railway  Company  of  New  York  City  says 
that  it  is  a street  surface  Railway  Company,  organized 
and  existing  under  and  by  virtue  of  the  laws  of  the 
State  of  New  York,  under  which  it  is  authorized  to 
build,  maintain  and  operate  street  surface  railways  on 
the  following  streets : 

Commencing  at  or  near  One  hundred  and  Thirtieth 
street  on  Third  avenue,  along  said  avenue  to  and  across 
the  Harlem  Bridge. 

Commencing  at  or  near  the  termination  of  the  Harlem 
or  Cole’s  Bridge  on  the  Westchester  side  on  the  Boston 
road,  and  running  along  said  road  to  a point  where  the 
said  road  intersects  with  Fordham  avenue  ; and  thence 
along  said  Fordham  avenue,  with  necessary  turnouts 
to  the  Kingsbridge  road  ; thence  along  the  same  to  the 
Harlem  Railroad  at  or  near  its  depot  at  Fordham  ; 

Along  One  hundred  and  Thirty-eighth  street  in  the 
Town  of  Morrisania  to  Port  Morris,  and  along  William 
street,  Grove  street,  Butternut  street.  Cedar  street  and 
River  avenue,  in  said  Town  of  Morrisania,  and  across 
Cromwell’s  creek  to  the  Village  of  Highbridgeville  ; 

And  along  the  Boston  Post  Road  to  the  Village  of 
West  Farms  and  the  Village  of  Westchester  in  the  town 
of  Westchester,  through  Lincoln  avenue  and  One  hun- 
dred and  Thirty  third  street,  or  through  both  of  said 
streets  and  avenues  in  the  Town  of  Morrisania  ; 

Along  Westchester  avenue  or  Southern  Westchester 
turnpike  from  its  junction  with  Third  avenue  or  Boston 
Road  in  the  Town  of  Morrisania,  through  the  Towns  of 
West  Farms  and  Westchester  to  Westchester  Village, 


38 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


and  through  and  along  Morris  street  and  Locust  avenue 
in  the  Town  of  West  Farms  from  the  Harlem  Railroad 
to  West  Farms  Village  ; 

Through  and  along  St.  Ann’s  avenue  to  its  southern 
terminus,  and  through  and  along  Van  Stoll  street 
otherwise  known  as  One  hundred  and  Thirty- eighth 
street,  from  Third  avenue  to  the  Harlem  river,  and^also 
through  and  along  College  avenue  from  Kingsbridge 
road  to  its  intersection  with  the  road  known  as  Ford- 
ham  and  Pelham  avenue,  and  through  and  along  the 
last-named  avenue  to  Pelham  Bridge  in  the  Town  of 
Westchester,  and  also  from  the  present  terminus  of  the 
tracks  of  said  corporation,  at  or  near  Locust  avenue  in 
the  late  Town  of  West  Farms,  through  and  along  the 
main  road  leading  in  an  easterly  direction  to  the  point 
where  the  said  main  road  intersects  with  the  Westches- 
ter turnpike  in  the  said  Town  of  Westchester : 

From  its  tracks  on  Third  avenue,  through  and  along 
Morris  avenue,  with  double  tracks,  to  East  Railroad 
avenue  ; thence  northerly  through,  upon  and  along  East 
Railroad  avenue,  with  double  tracks,  to  East  One  hun- 
dred and  Fifty-fifth  street ; thence  westerly  through, 
upon  and  along  East  One  hundred  and  Fifty-sixth 
street,  and  across  the  tracks  of  the  Hew  York  and 
Harlem  Railroad  Company,  with  double  tracks,  toWest 
Railroad  avenue,  thence  northerly  through,  upon  and 
along  West  Railroad  avenue,  with  double  tracks  to 
Morris  avenue,  thence  northerly  through,  upon  and 
along  Morris  avenue,  with  double  tracks  to  East  One 
hundred  and  Sixty-first  street. 

Commencing  at  East  One  hundred  and  Forty-ninth 
street  and  Morris  avenue,  running  thence  easterly  with 
single  tracks,  to  Cortlandt  avenue ; thence  running 
northerly  through,  upon  and  along  Courtland  avenue, 
with  double  tracks,  to  East  One  hundred  and  Sixty- 
first  street ; 

Also,  from  the  tracks  on  Morris  avenue  and  East.  One 
hundred  and  Forty -eighth  street,  running  thence  east- 
erly through,  upon  and  along  East  One  hundred  and 
Forty-eighth  street,  with  single  tracks,  to  Courtland 
avenue  ; thence  through,  upon  and  along  Courtland 
avenue,  with  double  tracks,  to  connect  with  the  tracks 
at  East  One  hundred  and  Forty-ninth  street ; thence 
southerly  upon  and  along  Courtland  avenue,  with 
double  tracks,  to  the  intersection  of  Courtland  avenue 
and  North  Third  avenue  ; 


PETITION  TO  COMMON  COUNCIL,  N.  Y.  CITY  (SECOND  39 
EXTENSION). 

Also,  beginning  at  North  Third  avenue  at  or  near 
East  One  hundred  and  Thirty-eighth  street,  running 
thence  westerly  through,  upon  and  along  East  One 
hundred  and  Thirty-eighth  street,  with  double  tracks, 
to  Mott  avenue  ; thence  northerly  through,  upon  and 
along  Mott  avenue,  with  double  tracks,  to  East  One 
hundred  and  Sixty-fifth  street ; thence  easterly 
through,  upon  and  along  East  One  hundred  and  Sixty- 
fifth  street,  with  double  tracks,  to  the  entrance  of 
Fleetwood  Park  ; 

Also,  beginning  at  the  intersection  of  Mott  avenue 
with  East  One  Hundred  and  Sixty- first  street  ; thence 
running  easterly  through,  upon  and  along  East  One 
Hundred  and  Sixty-first  street,  with  double  tracks,  to 
the  intersection  of  said  street  with  North  Third  avenue, 
and  to  the  tracks  of  the  Harlem  Bridge,  Morrisania  and 
Fordham  Railway  Company  ; 

Through  and  along  East  Railroad  avenue,  with 
double  tracks,  to  East  One  Hundred  and  Fifty- eighth 
street  ; thence  westerly  through,  upon  and  along  East 
One  Hundred  and  Fifty-eighth  street  and  across  the 
tracks  of  the  New  York  and  Harlem  Railroad  Company 
and  West  Railroad  avenue,  with  double  tracks,  to 
Morris  avenue  ; 

Through  and  along  Morris  avenue  to  its  junction  with 
One  Hundred  and  Sixty-fifth  street ; 

Beginning  at  the  McComb’s  Dam  Bridge  on  Jerome 
avenue  and  extending  through  and  along  said  avenue 
to  the  city  line  ; 

Beginning  on  Morris  avenue  at  its  intersection  with 
Third  avenue  and  extending  north  through  and  along 
said  Morris  avenue  to  Fordham  Landing  (or  High 
Bridge  road) ; 

Beginning  at  the  Harlem  river  on  Willis  avenue  and 
extending  north  through  and  along  said  Willis  avenue 
to  its  intersection  with  Melrose  avenue  ; thence  through 
and  along  said  Melrose  avenue  to  its  intersection  with 
Webster  avenue  ; thence  through  and  along  said  Web- 
ster avenue  to  its  intersection  with  the  Bronx  River 
road  ; thence  through  and  along  said  road  to  the  city 
line  ; 

Beginning  at  the  city  line  at  the  Bronx  river  on  Tre- 
mont  avenue  and  extending  west  through  and  along 
said  Tremont  avenue  to  its  intersection  with  Webster 
avenue  and  Burnside  avenue  ; thence  through  and  along 
said  Burnside  avenue  to  its  intersection  with  Sedgwick 
avenue  and  Cedar  avenue  ; thence  through  and  along 


40 


UNION  RAILWAY  COMPANY  OF  N.  Y CITY. 


Cedar  avenue  to  its  intersection  witli  Riverview  Ter- 
race ; thence  southerly  through  and  along  said  River- 
view  Terrace  to  its  intersection  with  Sedgwick  avenue  ; 
also  west  through  and  along  Dock  street  from  its  inter- 
section with  Riverview  Terrace  to  the  tracks  of  the  New 
York  and  Northern  Railroad  Company  ; 

Beginning  at  the  intersection  of  Olin  avenue  with 
Webster  avenue  and  extending  east  through  and  along 
said  Olin  avenue  to  the  city  line  ; 

Beginning  at  Washington  Bridge  on  Boscobel  avenue 
and  extending  east  through  and  along  said  avenue  to  its 
intersection  with  Jerome  avenue  ; 

Beginning  at  the  terminus  of  the  tracks  of  the  Harlem 
Bridge,  Morrisania  and  Fordham  Railway  Company  at 
Fordham,  extending  west  over  and  across  the  bridge  of 
the  New  York  and  Harlem  Railroad  to  Kingsbridge 
road  ; thence  through  and  along  said  road  to  its  inter- 
section with  High  Bridge  road  ; thence  through  and 
along  said  High  Bridge  road  to  its  intersection  with 
Sedgwick  avenue  ; thence  northerly  along  said  avenue 
to  its  intersection  with  Bailey  avenue  ; thence  along 
Bailey  avenue  to  its  intersection  with  Broadway  at 
Kingsbridge  ; 

Beginning  on  Sedgwick  avenue  at  its  intersection  with 
Jerome  avenue,  and  extending  in  a northerly  direction 
through  and  along  said  avenue  to  the  city  line. 

Together  with  the  necessary  connections,  switches, 
turn-outs,  turn-tables  and  suitable  stands  for  the  con- 
venient working  of  the  said  roads,  their  extensions  and 
branches. 

Said  corporation  has  constructed  and  is  now  operat- 
ing the  following  line  of  railway  : 

Commencing  at  or  near  One  hundred  and  Thirtieth 
street  on  Third  avenue  ; thence  through  and  along  said 
avenue  to  and  across  the  Harlem  or  Cole’s  Bridge; 
thence  along  Third  avenue,  formerly  known  as  the  Bos- 
ton road,  to  its  intersection  with  Fordham  avenue  ; 
thence  along  said  Fordham  avenue,  with  necessary 
turn-outs,  to  Kingsbridge  road  ; thence  along  the  same 
to  the  Harlem  road  at  or  near  its  depot  at  Fordham  ; 

Along  One  hundred  and  Thirty-eighth  street,  in  the 
Town  of  Morrisania,  to  Port  Morris  ; 

Through  and  along  Lincoln  avenue,  from  its  intersec- 


PETITION  TO  COMMON  COUNCIL,  N.  Y.  CITY  (SECOND  41 
EXTENSION). 

tion  with  Third  Avenue  in  a southerly  direction  to  One 
hundred  and  Thirty-third  street  ; through  and  along 
One  hundred  and  Thirty-third  street  in  an  easterly 
direction  to  its  intersection  with  Lincoln  avenue  ; along 
Westchester  avenue  or  Southern  Westchester  Turn- 
pike, from  its  Junction  with  Third  avenue  or  Boston 
road  to  the  Bronx  river  ; along  the  Boston  road,  from 
its  intersection  with  Third  avenue  to  the  Bronx  river, 
at  the  Village  of  West  Farms  ; 

Through  and  along  One  hundred  and  Thirty-eighth 
street,  formerly  known  as  Van  Stoll  street  to  the  Har- 
lem river  ; thence  across  the  Madison  Avenue  Bridge  to 
the  northerly  terminus  of  Madison  avenue  ; 

Also  a single  track  line,  commencing  on  the  Boston 
road  at  the  Bronx  river ; thence  extending  easterly 
along  said  road  six  hundred  feet ; also  three  hundred 
feet  of  further  track  at  this  point  partially  completed. 

That  the  Union  Railway  Company  of  New  York  City, 
as  aforesaid,  desires  to  give  its  patrons,  customers  and 
the  public,  continuous  transportation  over  its  lines  as 
now  existing  and  of  the  others  hereinafter  described 
and  applied  for. 

That  it  would  be  of  great  public  convenience,  if  it  be 
allowed  to  furnish  such  transportation  over  a continu- 
ous line  for  one  fare  to  those  desiring  to  pass  over  such 
lines,  and  that,  if  this  application  be  granted,  such  right 
will  be  accorded  to  the  public. 

That  the  Union  Railway  Company  of  New  York  City 
desires  to  construct,  extend  and  establish  the  following 
extensions  and  branches  : 

'through  and  along  Exterior  avenue,  as  the  same  now 
is  or  may  hereafter  be  laid  out,  from  its  junction  wiili 
Third  avenue  to  its  junction  at  Eighth  avenue  ; 

From  the  southern  terminus  of  the  Madison  Avenue 
Bridge,  through  and  along  Madison  avenue,  to  One 
hundred  and  Thirtieth  street ; 

Through  and  along  One  hundred  and  Thirty-lifth 
street  in  a westerly  direction,  from  its  junction  with 
Madison  avenue  to  Eighth  avenue  ; 

Also  along  the  bridge  across  the  Harlem  river,  from 


42 


UNION  KAILWAY  COMPANY  OF  N.  Y.  CITY. 


Third  avenue  to  Second  a venae,  and  along  Second  ave- 
nue to  One  hundred  and  Twenty -fifth  street ; 

Through  and  along  One  hundred  and  Twenty-fifth 
street  in  a westerly  direction  to  Fourth  avenue ; 

Through  and  along  Fourth  avenue,  from  One  hun- 
dred and  Twenty- fifth  street,  to  One  hundred  and 
Thirtieth  street ; 

Also  through  and  along  One  hundred  and  Thirtieth 
street  from  Fourth  avenue  to  Madison  avenue  ; 

From  the  easterly  terminal  of  what  is  now  known  as 
Washington  Bridge,  through  and  along  Boscobel  ave- 
nue to  Jerome  avenue ; 

Through  and  along  Broadway  in  a northerly  direc- 
tion, from  its  intersection  with  Kingsbridge  road,  to 
the  northerly  city  line. 

Your  petitioner  alleges  that  said  branches  and  exten- 
sions cannot  be  operated  as  independent  railroads  with 
out  inconvenience  to  the  public,  but  that  it  is  to  the 
public  advantage  that  the  same  should  be  operated  as 
a continuous  line  or  route  with  the  said  railroad  now 
existing. 

And  your  petitioner  further  shows  that,  pursuant  to 
the  law  of  this  State,  it  is  necessary  that  your  peti- 
tioner obtain  the  consent  of  the  Common  Council  of  the 
City  of  New  York  to  enable  your  petitioner  to  con- 
struct, extend,  maintain  and  operate  and  use  the  said 
railroad,  for  whose  construction,  extension,  mainten- 
ance and  operation,  according  to  law,  your  petitioner 
now  applies  to  your  Honorable  Body  for  its  consent. 

The  extensions  and  branches  proposed  to  be  con- 
structed, extended,  maintained  and  operated  by  your 
petitioner  as  hereinbefore  set  forth  are  intended  to  be 
operated  by  any  motive  power,  other  than  locomotive 
steam  power,  which  now  or  at  any  time  hereafter  may 
lawfully  be  used  and  employed  on  its  route. 

Your  petitioner,  therefore,  prays  and  hereby  makes 
application  to  the  Common  Council  of  the  City  of  New 
York  for  its  consent  and  permission  to  be  granted  to 
your  petitioner,  its  successor,  successors  lessees  and 
assigns,  to  construct,  extend,  maintain  and  operate  a 


PERMITS  OF  BOARD  OF  ELECTRICAL  CONTROL. 


43 


street  surface  railroad  for  public  use  in  the  conveyance 
of  persons  and  property  through,  upon  and  along  the 
surface  of  the  streets,  avenues  and  highways  as  above 
set  forth  and  described,  together  with  all  necessary  con- 
nections. switches,  sidings,  turnouts,  turntables  and 
suitable  stands  for  the  convenient  working  of  said 
road,  and  for  the  accommodation  of  the  company’s  cars 
which  should  be  run  over  the  said  railroad  by  your  pe- 
titioner, its  successors,  lessees  or  assigns. 

Wherefore,  it  most  respectfully  prays  that  this  appli- 
cation be  granted,  and  that  the  public  and  local  au- 
thorities consent  thereto. 

Dated  New  York,  December  5,  1892. 

Union  Railway  Company  of  New  York  City. 

By  Edward  A.  Maher,  President. 


Permits  of  Board  of  Electrical  Control  for  over- 
head Wires  for  Sign  at  ling  or  Electric  Light 
and  ower,  and  for  use  of  wooden  poles  upon 
Broadway. 

No.  7450. 

Office  of 

The  Board  of  Electrical  Control, 

1266  Broadway,  N.  Y. 

The  Mayor  of  the  City  (ex-officio),  Prest. 

Theo.  Moss,  Secretary. 

Jacob  Hess. 

Walton  Storm. 


December  6th,  1892. 

Permission  is  hereby  granted  to  the  Union  Railway 
Co.  of  New  York  to  erect  the  necessary  poles,  wires 
and  overhead  construction  for  the  proper  operation  of 


44 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


the  electric  street  surface  cars  on  the  following  streets  : 
provided  said  construction  be  done  under  the  direction 
of  the  Engineer  of  this  Board  : 

St.  Ann’s  avenue,  from  Southern  Boulevard  to  Third 
avenue  at  161st  street ; 161st  street,  from  Third  avenue 
to  Jerome  Ave. ; Jerome  Ave.,  from  McCombs  Bam 
Bridge  to  northern  city  line. 

Morris  Ave.,  from  Third  Ave.  to  Fordham  Landing. 

Willis  Ave.,  from  Melrose  Ave.  to  Webster  Ave.  and 
along  Webster  Ave.  to  Bronx  River  Road,  and  along 
said  road  to  city  line. 

Tremont  Ave.,  from  city  line  to  Webster  Ave.  and 
Burnside  Ave.,  along  said  Burnside  Ave.  to  Sedgwick 
Ave.  and  Cedar  Ave.,  along  Cedar  Ave.  to  Riverview 
Terrace,  along  Riverview  Terrace  to  its  intersection 
with  Sedgwick  Ave.,  also  west  through  and  along  Bock 
street  from  its  intersection  with  Riverview  Terrace  to 
the  tracks  of  the  N.  Y.  and  Northern  R.  R.  Co. 

Olin  Ave.,  from  Webster  Ave.  to  the  city  line. 

Boscobel  Ave.,  from  Washington  Bridge  to  Jerome 
Ave. 

From  their  terminus  at  Fordham  to  Kingsbridge 
Road,  along  said  road  to  High  Bridge  Road,  along  said 
High  Bridge  Road  to  Sedgwick  Ave.,  along  said  Ave. 
to  Bailey  Ave.,  along  Baily  Ave.  to  Broadway  at 
Kingsbridge. 

Sedgwick  avenue,  from  Jerome  avenue  to  the  city 
line. 

Consent  of  property  owners  first  to  be  obtained. 

By  order  of  the  Board. 

• Theodor e Moss, 

Secretary. 


No.  11678. 

February  23,  1894. 

Permission  is  hereby  granted  to  the  Union  Railway 
Company  to  string  a feeder  wire  on  poles  under  the 


PERMITS  OF  BOARD  OF  ELECTRICAL  CONTROL.  45 


electric  light  line  on  the  west*  side  of  Third  avenue  from 
the  Harlem  Bridge  to  184th  street,  and  to  transfer  one 
feeder  wire  from  the  east  side  to  west  side  of  the  Third 
avenue  from  150th  street  to  138th  street. 

Provided  that  all  feeder  wires  erected  on  Third  avenue 
will  be  removed  as  soon  as  the  above  wires  have  been 
erected  and  proper  connections  made. 

This  construction  to  be  done  under  the  supervision  of 
an  inspector  of  this  Board. 

Subject  to  the  rules  and  regulations  of  the  Board  as 
printed  on  back  hereof. 

By  order  of  the  Board, 

Theodore  Moss,, 

Secretary. 


No.  11679. 

February  23,  1894. 

Permission  is  hereby  granted  to  the  Union  Railway 
Company  to  string  two  feeder  wires  on  your  poles  under 
the  electric  light  line  on  Boston  avenue,  from  West 
Farms  to  Third  avenue. 

Provided  the  three  feeder  wires  that  are  now  up  along 
this  avenue  will  be  removed  as  soon  as  the  above  are 
erected  and  connected. 

This  construction  to  be  done  under  the  supervision  of 
an  inspector  of  this  Board. 

Subject  to  the  rules  and  regulations  of  the  Board  as 
printed  on  back  hereof. 

By  order  of  the  Board. 

Theodore  Moss, 

Secretary. 

No.  11680. 

February  23d,  1894. 

Permission  is  hereby  granted  to  the  Union  Railway 
Company  to  string  feeder  wire  on  your  poles  along 
Main  street,  from  your  power  house  to  West  Farms. 


46 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


This  work  to  be  done  under  the  supervision  of  an  in- 
spector of  this  Board. 

Subject  to  the  rules  and  regulations  of  the  Board  as 
printed  on  back  hereof. 

By  order  of  the  Board. 

Theodore  Moss, 
Secretary. 

No.  11,681. 

February  23rd,  1894. 

Permission  is  hereby  granted  to  the  Union  Railway 
Company  to  string  one  feeder  wire  on  your  poles  along 
Main  street,  from  your  power  house  to  Westchester  ave- 
nue, thence  on  the  electric  light  poles  to  Third  avenue. 

This  work  to  be  done  under  the  supervision  of  an  in- 
spector of  this  Board. 

Subject  to  the  rules  and  regulations  of  the  Board  as 
printed  on  back  hereof. 

By  order  of  the  Board. 

Theodore  Moss, 

Secretary. 

No.l  1083. 

March  14th,  1894. 

Permission  is  hereby  granted  to  the  Union  Railway 
Company  of  New  York,  in  accordance  with  a resolution 
of  the  Board  of  Aldermen  of  this  city,  passed  December 
27th,  1892,  to  erect  the  necessary  poles,  wires  and  other 
construction  for  the  operation  of  its  electric  street  cars 
in  the  following  streets,  such  construction  to  be  made 
under  the  direction  and  supervision  of  the  engineer  and 
electrical  expert  of  this  Board  : 

From  Third  avenue  and  138th  street  to  and  across  the 
Madison  avenue  Bridge  to  135th  street : thence  westerly 
along  135th  street  to  Eighth  avenue. 

Subject  to  the  rules  and  regulations  of  the  Board  as 
printed  on  back  hereof. 

By  order  of  the  Board, 

Theodore  Moss, 

Secretary. 


PERMITS  OF  BOARD  OF  ELECTRICAL  CONTROL.  47 


No.  11,983. 

March  14th,  1894. 

Permission  is  hereby  granted  to  the  Union  Railway 
Company  of  New  York,  in  accordance  with  a resolution 
of  the  Board  of  Aldermen  of  this  City,  passed  December 
27th,  1892,  to  erect  the  necessary  poles,  wires  and  other 
construction  for  the  operation  of  its  electric  street  cars 
in  the  following  streets  ; such  construction  to  be  made 
under  the  direction  and  supervision  of  the  engineer  and 
electrical  expert  of  this  Board. 

From  Third  avenue  and  138th  street  to  and  across  the 
Madison  Avenue  Bridge  to  135th  street ; thence  westerly 
along  135th  street  to  Eighth  avenue. 

Subject  to  the  rules  and  regulations  of  the  Board  as 
printed  on  back  hereof. 

By  order  of  the  Board, 

Theodore  Moss, 
Secretary. 


Edward  A.  Maher.  Esq., 

Pres’t  Union  Railway  Co., 

New  York  City  : 

Dear  Sir. — Your  letter  of  the  19th  inst.  is  received 
and  contents  noted.  This  will  be  your  permission  to 
use  wooden  poles  for  carrying  your  overhead  trolley 
wires  on  Broadway  from  Kingsbridge  to  the  city  line  at 
Yonkers  under  permit  7450  granted  by  this  Board  De- 
cember 6th,  1892. 

The  carrying  poles  are  to  be  of  yellow  pine,  octagon, 
and  of  neat  appearance. 

Yours  very  truly, 

Henry  S.  Kearny, 

Secretary. 


48 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Consent  of  Local  Authorities  of  the  City  of  New 

York,  and  Affidavits  of  Publication  of  Notice 

of  Hearing. 

(Second  Extension.) 

Whereas,  On  the  6th  of  December,  1892,  an  applica- 
tion in  writing  was  made  to  the  Common  Council  of  the 
City  of  New  York  by  the  Union  Railway  Company  of 
New  York  City  for  consent  to  the  extension,  construc- 
tion, maintenance  and  operation  of  branches  and  ex- 
tensions of  its  present  railroad  upon  and  along  the  sur- 
face of  the  streets,  avenues  and  highways  of  said  city, 
designated  in  the  application  of  said  company  as  the 
route  or  routes  of  said  extensions  and  branches  ; 

Whereas,  The  said  Common  Council  caused  public 
notice  of  such  application  and  of  the  time  and  place 
where  the  same  would  be  first  considered  to  be  given  by 
publication  for  at  least  fourteen  days  in  two  daily 
newspapers  in  New  York  City,  which  papers  were 
designated  for  the  purpose  by  the  Mayor  of  said 
city  ; 

Whereas,  After  public  notice  given  as  aforesaid  and 
a public  hearing  in  pursuance  thereof  duly  had,  whereat 
all  persons  so  desiring  were  given  an  opportunity  to  be 
heard  and  were  heard,  such  application  has  been  duly 
considered  by  the  same  Common  Council. 

Resolved,  That  the  consent  of  the  Common  Council  of 
the  City  of  New  York  be  and  it  hereby  is  given  to  the 
said  Union  Railway  Company  of  New  York  City  to  the 
extension,  construction,  maintenance  and  operation 
upon  the  condit  ions  hereinafter  set  forth,  of  extensions 
or  branches  of  their  railroad  upon  and  along  the  sur- 
face of  the  following  streets,  avenues  and  highways  of 
the  city  of  New  York. 

Through  and  along  Exterior  avenue,  as  the  same  now 
is  or  may  hereafter  be  laid  out,  from  its  junction  with 
Third  avenue  to  its  junction  at  Eighth  avenue. 


CONSENT  OF  LOCAL  AUTHORITIES,  N.  Y.  CITY  (SECOND  49 

EXTENSION). 


From  the  southern  terminus  of  the  Madison  avenue 
Bridge  through  and  along  Madison  avenue  to  One  hun- 
dred and  Thirtieth  street. 

Through  and  along  One  hundred  and  Thirty-fifth 
street,  in  a westerly  direction,  from  its  junction  with 
Madison  avenue  to  "Eighth  avenue. 

Also  along  the  bridge  across  the  Harlem  river,  from 
Third  avenue  to  Second  avenue,  and  along  Second 
avenue  to  One  hundred  and  Twenty-fifth  street. 

Through  and  along  One  hundred  and  Twenty-fifth 
street  in  a westerly  direction  to  Fourth  avenue. 

Through  and  along  Fourth  avenue  from  One  hundred 
and  Twenty-fifth  street  to  One  hundred  and  Thirtieth 
street. 

Also  through  and  along  One  hundred  and  Thirtieth 
street  from  Fourth  avenue  to  Madison  avenue. 

From  the  easterly  terminal  of  what  is  now  known  as 
Washington  Bridge,  through  and  along  Boscobel  avenue 
to  Jerome  avenue. 

Through  and  along  Broadway  in  a northerly  direction, 
from  its  intersection  with  Kingsbridge  road  to  the 
northerly  city  line. 

Further  Resolved,  That  the  conditions  upon  which 
the  said  consent  is  hereby  given  are  as  follows  : 

First. — That  the  provisions  of  chapter  565  of  the  Laws 
of  1890, and  the  amendments  thereof, in  so  far  as  the  same 
are  not  inconsistent  with  the  provisions  of  chapter  340 
of  the  Laws  of  1892,  shall  be  complied  with. 

Second. — That  the  President  and  Treasurer  of  the 
said  Union  Railway  Company  of  New  York  City  shall 
annually  make  a verified  statement  to  the  Comptroller 
of  the  City  of  New  York  on  or  before  the  first  day  of 
September,  in  each  year,  of  the  gross  amount  of  its  re- 
ceipts for  the  year  ending  June  30,  next  preceding,  and 
also  a detailed  account  of  its  daily  earnings  during  that 
period,  and  the  books  of  said  Company  shall  be  open  to 
inspection  and  examination  by  said  Comptroller,  or  his 
duly  appointed  agent,  for  the  purpose  of  ascertaining 
the  correctness  of  its  report  as  to  its  gross  earnings,  and 
may  take  itroofs  in  relation  thereto.  Whenever  such 


50 


UNIOX  RAILWAY  COMPANY  OF  JST.  Y.  CIT*. 


earnings  shall,  during  any  period  of  six  months,  exceed 
an  average  of  one  thousand  seven  hundred  dollars  per 
day,  then  in  that  event  the  said  Company  shall  there- 
after annually,  on  the  first  day  of  December,  pay  into 
the  Treasury  of  the  City  of  New  York  to  the  credit  of 
the  Sinking  Fund  of  said  City  a sum  equaling  in  the 
aggregate  one  per  cent,  of  gross  earnings,  and  an  ad- 
ditional payment  of  one  per  cent,  of  such  grossjearnings 
shall  be  made  by  said  Company  in  like  manner  for  each 
multiple  of  seventeen  hundred  dollars  per  day  of  such 
average  gross  earnings.  The  gross  receipts  of  all  the 
lines  of  road  owned  by  the  said  Company,  whether 
operated  by  said  Company  or  by  lessees  thereof,  or  any 
portion  thereof,  shall  be  deemed  gross  earnings  of  said 
company  within  the  meaning  of  this  section.  The  pay- 
ment of  the  percentage  of  gross  receipts  herein  provided 
for  shall  be  in  lieu  of  all  other  percentages  which  any 
of  the  roads  consolidating  and  forming  the  said  Union 
Railway  Company  of  New  YorkJCity  may  therefore  be 
liable  to  pay  on  its  receipts. 

Third. — In  the  construction  of  said  extensions  or 
branches,  the  equipment,  material  and  work  employed 
shall  be  of  the  best  quality  and  character,  and  the  cars 
thereon  shall  be  run  as  often  as  the  convenience  of  the 
public  may  require. 

Fourth. — That  the  said  Railway  Company  and  any 
person  or  corporation  using  the  track,  or  any  part  of 
the  tracks  extended,  constructed  or  laid  out  under  or 
pursuant  to  the  consent,  shall  comply  with  all  reason- 
able ordinances  or  regulations  which  the  local  authori- 
ties having  charge  of  the  aforesaid  extensions  or 
branches  shall  make  as  to  the  rate  of  speed  and  removal 
of  ice  and  snow,  and  shall  not  charge  any  passenger 
more  than  five  cents  from  or  to  any  point  on  the 
branches  or  extensions  hereinbefore  described  within 
the  present  limits  of  the  city  of  New  York,  nor  from 
or  to  any  point  on  said  route  or  routes  operated  by  said 


CONSENT  OF  LOCAL  AUTHORITIES,  N.  Y.  CITY  (SECOND  51 
EXTENSION). 

Company  or  under  its  control  and  connecting  with  the 
route  hereinabove  described,  to  or  from  any  point  on 
said  route,  or  any  route,  extension  or  btanch  operated 
by  said  Company  or  under  its  control  and  connecting 
with  the  route  hereinabove  described  within  the  present 
limits  of  the  city  of  New  York. 

Fifth . — That  the  cars  to  be  used  on  such  branches  or 
extensions  to  the  construction  of  which  this  consent  is 
given  may  be  operated  by  any  motive  power  other  than 
locomotive  steam  power. 

Adopted  by  the  Board  of  Aldermen,  December  27, 
1892. 

Approved  by  the  Mayor,  December  28,  1892. 

(Piled  in  office  of  Clerk  of  New  York  County,  Jan. 
17,  1893.) 


Office  New  York  News  Publishing  Co. 

State  of  New  York,  ) 

City  and  County  of  Few  York,  j ss*  * 

William  Hobson,  of  the  City  and  County  of  New 
York,  being  duly  sworn,  says  that  he  is  the  Principal 
Clerk  of  the  Publisher  of  the  New  York  News , a News- 
paper published  in  the  said  City  and  County  of  New 
York,  and  that  the  Notice  of  which  the  annexed  is  a 
copy,  has  been  regularly  published  in  said  New  York 
News  fourteen  times  successively,  commencing  on  the 
7th  day  of  December,  1892. 

Wm.  Hobson. 

Sworn  before  me  this  30th  ) 
day  of  September,  1898.  j 

Louis  Ratzel, 

Notary  Public  (7), 

City  and  County  of  New  York. 


52 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


State  of  New  York, 

City  and  County  of  New  York, 


ss.: 


L.  O.  Macdaniel,  being  duly  sworn,  saith  that  he  is 
cashier  in  the  office  of  The  Sun,  a newspaper  printed  in 
the  City  of  New  York,  Borough  of  Manhattan,  that  the 
advertisement  hereto  annexed  has  been  published  in  the 
said  The  Sun  fourteen  times  consecutively  commencing 
December  7,  1892. 

L.  O.  Macdaniel. 

Sworn  to  before  me,  this  29th  / 
day  of  September,  1898.  ( 

A.  H.  Bradley, 

[seal.]  Notary  Public, 

New  York. 


Public  Notice. 

Office  of  the  Clerk  of  the  Common  Council, 
No.  8 City  Hall, 

New  York,  Dec.  7th,  1892. 

Pursuant  to  directions  given  me  in  the  following  reso- 
lution, which  was  adopted  by  the  Common  Council  De. 
cetnber  6th,  1892,  and  approved  by  che  Mayor  December 
7th,  1892,  viz.  : 

Resolved,  That  the  23rd  day  of  December,  at  1 o'clock, 
p.  M.,  and  the  Chamber  of  the  Board  of  Aldermen  be  and 
they  hereby  are  designated  as  the  time  and  place  when  and 
where  the  application  of  the  Union  Railway  Company  of 
New  York  City  to  the  Common  Council  of  the  City  of  New 
York  for  its  consent  and  permission  that  the  petitioner 
may  extend  the  existing  railroad  tracks  of  said  petitioner, 
and  may  build,  construct,  extend,  maintain  and  operate 
extensions  or  branches  of  said  petitioner’s  railroad  in  the 
City  of  New  York,  as  set  forth  in  the  petition  of  said  com- 
pany, for  such  consent  will  first  be  considered,  and  that 
public  notice  be  given  by  the  Clerk  of  this  Board  by  pub- 


ACCEPTANCE  OF  CONSENT  OF  LOCAL  AUTHORITIES,  N.  Y.  53 
CITY  (SECOND  EXTENSION). 

lishing  the  same  daily  for  fourteen  days  in  two  daily 
newspapers  published  in  this  city,  to  be  designated  there- 
for by  his  Honor  the  Mayor,  according  to  the  provisions 
of  section  92,  as  amended,  of  the  Railroad  Law  ; such  ad- 
vertising to  be  at  the  expense  of  the  petitioner. 

Public  notice  is  hereby  given  that  at  the  time  and 
place  named  in  the  resolution  the  following  application  of 
the  Union  Railway  Company  of  New  York  City  will  be 
considered,  as  required  by  the  provisions  of  the  Railroad 
Law. 

(Heie  follows  petition.) 

All  persons  interested  in  the  foregoing  application  are 
hereby  notified  to  be  present  at  the  time  and  place  men- 
tioned in  the  application. 

Michael  F.  Blake, 

Clerk  Common  Council 


Acceptance  of  Consent  of  Local  Authorities  of  the 
City  of  New  York. 

(Second  Extension.) 

Know  all  Men  by  these  Presents  that — 

Whereas,  on  the  6th  day  of  December,  1892,  applica- 
tion was  duly  made  by  the  Union  Railway  Company  of 
New  York  City  to  the  Common  Council  of  the  City  of  New 
York  for  its  consent  to  extend,  construct,  maintain  and 
operate  certain  branches  and  extensions  of  its  line  of  rail- 
way upon  certain  streets,  avenues  and  highways  in  said 
city ; 

And  whereas,  the  said  Common  Council,  by  resolu 
tion  duly  adopted  on  the  27th  day  of  December,  1892, 
gave  its  consent  to  the  said  Union  Railway  Company  of 
New  York  City  to  construct,  operate  and  maintain  such 
branches  and  extensions,  which  resolution  was,  on  the 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


54 

28th  day  of  December,  1892,  duly  approved  and  signed 
by  the  Mayor  of  the  City  of  New  York  ; 

Now,  therefore,  the  said  Union  Railway  Company  of 
New  York,  by  these  presents,  does  hereby  accept,  in  all 
respects,  the  said  condition  of  the  said  local  authorities 
of  the  city  of  New  York,  to  the  construction,  operation 
and  maintenance  of  said  branches  and  extensions  and 
the  conditions  upon  which  the  said  consent  was 
granted. 

In  witness  whereof,  the  said  Company  has 
caused  these  presents  to  be  signed  by  its 
[seal.]  President,  and  its  corporate  seal  to  be 
hereunto  affixed  this  20th  day  of  Feb- 
ruary, 1898. 

S tiE  Union  Railway  Company  of 
New  York  City, 

By  Edward  A.  Maher, 

President. 


State  of  New  York,  ) 

City  and  County  of  New  York,  ( ss‘  ' 

Be  it  remembered,  that  on  this  20th  day  of  February, 
1898,  at  said  city  of  New  York,  before  me,  George  W. 
Vultee,  a duly  authorized  Notary  Public  for  the  City, 
County  and  State  aforesaid,  came  Edward  A.  Maher, 
with  whom  I am  personally  acquainted,  known  to  me  to 
be  the  President  of  the  Union  Railway  Company  of 
New  York  City,  the  corporation  described  in  and  which 
executed  the  above  instrument,  who,  being  by  me  duly 
sworn,  did  depose  and  say,  that  he  resides  in  the  city 
and  county  of  New  York,  and  State  of  New  York  ; 
that  he  is  the  President  of  the  Union  Railway  Company 
of  New  York  City  ; that  he  knows  the  corporate  seal  of 
said  Company  ; that  the  seal  affixed  to  the  foregoing 
instrument  is  such  corporate  seal,  and  was  so  affixed  by 
order  of  the  Board  of  Directors  of  said  Company,  and 


STATEMENT  PROPOSED  EXTENSION,  N.Y.  CITY  (SECOND  55 

extension). 

that  he  signed  his  name  thereto  by  the  like  order  as 
President  of  said  Company,  and  acknowledged  the 
same  to  be  the  act  and  deed  of  said  Company  for  the 
uses  and  purposes  therein  set  forth. 

In  witness  whereof,  I have  hereunto  set 
my  hand  and  affixed  my  official  seal  the 
day  and  year  above  written. 

George  W.  Yultee. 

[seal.]  Notary  Public  (54), 

C.  & C.  of  N.  Y. 

(Ordered  on  tile  by  Common  Council,  Feb.  28,  1893.) 


Statement  of  Proposed  Extension  in  the  City  of 

New  York. 

(Second  Extension.) 

The  Union  Railway  Company  of  New  York  City 
proposes  to  construct,  maintain,  operate  and  extend  a 
street  surface  railroad,  for  use  in  conveying  persons  and 
property  in  the  city  of  New  York,  and  that  the  said 
railroad  is  proposed  to  be  constructed,  extended,  main- 
tained and  operated  upon  and  along  the  surface  of  the 
following  streets,  avenues  and  highways  in  the  city  of 
New  York,  that  is  to  say  : 

Through  and  along  Exterior  avenue,  as  the  same  now 
is  or  may  hereafter  be  laid  out,  from  its  junction  with 
Third  avenue  to  its  junction  at  Eighth  avenue. 

From  the  southern  terminus  of  the, Madison  avenue 
bridge  through  and  along  Madison  avenue  to  One 
hundred  and  Thirtieth  street. 

Through  and  along  One  hundred  and  Thirty-fifth 
street  in  a westerly  direction,  from  its  junction  with 
Madison  avenue  to  Eighth  avenue 

Also  along  the  bridge  across  the  Harlem  river,  from 
Third  avenue  to  Second  avenue,  and  along  Second  ave- 
nue to  One  Hundred  and  Twenty-fifth  street. 

Through  and  along  One  Hundred  and  Twenty-fifth 
street  in  a westerly  direction  to  Fourth  avenue. 


56 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Through  and  along  Fourth  avenue  from  One  Hun- 
dred and  Twenty-fifth  street  to  One  Hundred  and  Thir- 
tieth street. 

Also  through  and  along  One  Hundred  and  Thirtieth 
street,  from  Fourth  avenue  to  Madison  avenue. 

From  the  easterly  terminal  of  what  is  now  known  as 
Washington  Bridge,  through  and  along  Boscobel  ave- 
nue to  Jerome  avenue. 

Through  and  along  Broadway  in  a northerly  direction 
from  its  intersection  with  Kingsbridge  road  to  the 
northerly  City  Line. 

Dated  New  York,  December  4th,  1892. 

Union  Railway  Company  of  New  York  City, 
By  Edward  A.  Maher. 

[seal]  President. 

State  of  New  York,  \ 

City  and  County  of  New  York , j l S" 

Be  it  remembered,  that  on  this  4th  day  of  December, 
1892,  at  the  city  of  New  York,  before  me  personally 
came  Edward  A.  Maher,  President  of  the  Union  Rail- 
way Company  of  New  York  City,  with  whom  I am 
personally  acquainted,  who,  being  by  me  duly  sworn, 
says  that  he  resides  at  the  city  of  New  York  ; that  he 
is  the  President  of  the  Union  Railway  Company  of 
New  York  City  ; that  he  knows  the  corporate  seal  of 
said  Company  ; that  the  seal  affixed  to  the  foregoing 
instrument  is  such  corporate  seal ; that  it  was  affixed 
to  the  foregoing  instrument  by  authority  of  the  Board 
of  Directors  of  said  Company,  and  that  he  signed  his 
name  thereto  by  the  like  authority,  and  acknowledged 
the  same  to  be  the  act  and  deed  of  the  said  Union 
Railway  Company  of  New  York  City,  for  the  uses  and 
purposes  therein  mentioned. 

In  witness  whereof,  I have  hereunto  set 
my  hand  and  affixed  my  official  seal  the 
day  and  year  first  above  written. 

Thomas  A.  Maher, 

Notary  Public, 

N.  Y.  C.  & Co. 


[SEAL.]  # 271 


EXTENSION  OF  TIME  TO  COMPLETE,  SO.  m’T  VERNON.  57 


(Endorsed)  Union  Railway  Company  of  New  York 
City— Statement  of  Proposed  Extension. 

State  of  New  York,  Office  of  Secretary  of  State,  filed 
and  recorded  Dec.  29  1898. 


Extension  of  time  to  complete  granted  by  the 
Local  Authorities  of  the  Village  of  South 
Mount  Vernon. 

Whereas,  at  an  adjourned  meeting  of  the  Board  of 
Trustees  of  the  Village  of  South  Mount  Vernon,  held 
October  18th,  1894,  owing  to  the  non-payment  of  the 
sum  of  $3,000  and  the  non-fulfilment  of  the  other  terms 
and  conditions  of  the  Mount  V ernon  and  Eastchester 
Railway  Company,  of  the  franchise  granted  to  the 
said  company  on  Peb.  18th,  1893,  said  franchise  was 
revoked,  and 

Whereas,  The  president,  Mr.  Edward  A.  Maher,  of 
the  Union  Railway  Company,  which  company  now 
controls  by  lease  or  contract  the  said  Mount  Vernon 
and  Eastchester  Railway  and  its  line  of  road,  has 
appeared  before  the  Board  and  presented  a check  for 
$3,000  in  payment  of  the  balance  due  and  owing  from 
said  Mount  Vernon  and  Eastchester  Railway 
Company,  now 

Resolved , That  the  action  taken  by  this  Board  in 
revoking  said  franchise  be  and  the  same  is  hereby  re- 
considered, and  the  resolution  of  revocation  be  and  the 
same  is  hereby  rescinded,  and  the  franchise  thereby  re- 
voked is  hereby  restored  in  full  force  and  effect,  and 
Resolved,  That  the  time  for  the  completion  and 
operation  of  the  road  under  said  franchise  be  and  the 
same  is  hereby  extended  to  the  first  day  of  June,  1894, 
subject  however,  otherwise  to  all  the  other  terms  and 
conditions  of  the  franchise  as  originally  granted  on  the 
18th  day  of  February,  1893.  Carried. 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


58 


Extension  of  Time  of  Acceptance  of  Franchise, 
Granted  by  the  Local  Authorities  of  the  Village 
of  South  Mount  Vernon. 

Whereas,  a franchise  was  granted  by  the  Board  of 
Trustees  of  the  Village  of  South  Mount  Vernon,  at  an 
adjourned  regular  meeting  held  on  the  18th  day  of 
February,  1894,  to  the  Union  Railway  Company  to 
operate  a line  of  railroad  in  the  said  village,  which 
franchise  has  not  yet  been  accepted,  and 

Whereas,  Edward  A.  Maher,  Esq.,  president  of  the 
Union  Railway  Company,  has  appeared  before  this 
Board  and  signified  his  willingness  to  now  accept  said 
franchise  and  has  tendered  a check  for  the  sum  of 
$1,500  to  be  applied  towards  the  macadamizing  of  its 
share  of  the  White  Plains  Road  from  19th  avenue  to 
15th  avenue  in  said  village,  the  balance  of  which  amount 
over  and  above  the  sum  necessary  to  macadamize  one- 
fourth  part  of  said  road  be  returned  to  the  said  rail- 
way company. 

Resolved , That  the  time  for  the  acceptance  of  said 
franchise  be  and  the  same  is  hereby  extended  to  April 
16th,  1894.  Carried. 


Consent  of  the  Local  Authorities  of  the  Village 

of  South  Mount  Vernon  to  Extension  of  Route. 

Resolved,  That  the  proofs  of  due  publication  for  at 
least  fourteen  days  in  a newspaper  published  in  the 
Village  of  South  Mt.  Vernon,  and  in  a daily  newspaper 
published  in  the  City  of  Mount  Vernon  and  the  City  of 
New  York,  in  pursuance  of  a resolution  of  the  Board 
of  Trustees  of  said  Village,  of  the  notice  of  the  applica- 
tion in  writing  of  the  Union  Railway  Company  for 


CONSENT  OF  LOCAL  AUTHORITIES,  SO.  MT.  VERNON.  59 

i lie  purpose  of  building  and  operating  a street  railway 
as  therein  stated,  and  of  the  time  and  place,  when  and 
where,  such  application  would  be  first  considered,  be 
and  the  same  are  hereby  made  part  of  the  minutes  of 
this  meeting  and  tiled  with  the  records  of  the  proceed- 
ings of  the  said  Board  of  Trustees. 

Resolved , That  the  franchise  hereby  granted  to  the 
Union  Railway  Company,  its  successors  or  assigns,  by 
virtue  of  this  consent  of  the  Board  of  Trustees  of  the 
Village  of  South  Mount  Vernon,  is  hereby  given  upon 
the  express  conditions  that  the  statutory  provisions 
relating  to  such  consent  as  are  pertinent  thereto  shall 
be  complied  with  ; and,  further,  that  a copy  of  these 
resolutions  shall  be  duly  authenticated  and  filed  in  the 
office  of  the  Clerk  of  the  County  of  Westchester. 

Resolved , That  the  consent  of  the  Board  of  Trustees 
of  the  Village  of  South  Mount  Vernon  (being  the  local 
authorities  empowered  by  law  to  grant  such  consent) 
be  and  hereby  is  given  to  the  Union  Railway  Com- 
pany, its  successors  or  assigns,  and  under  and  by 
virtue  of  the  right  heretofore  reserved  in  a franchise 
this  day  granted  to  the  Mount  Vernon  and  East- 
gh ester  Railway,  said  Union  Railway  Company 
being  a corporation  organized  (under  the  Laws  of  the 
State  of  New  York),  for  the  purpose  of  building  and 
operating  or  extending  a street  surface  railroad,  and 
which  company  has  applied  for  the  same  in  writing,  to 
construct,  maintain,  operate  and  use  a street  surface 
railroad  with  electricity  for  motive  power,  for  public 
use,  in  the  conveyance  of  persons  and  property  in  cars 
for  compensation  in  said  village  of  South  Mount  Ver- 
non, together  with  all  necessary  switches,  sidings, 
turn-outs,  turn-tables  and  suitable  stands  as  may  be 
necessary  in  the  opinion  of  the  said  Board  of  Trustees, 
for  the  convenient  working  of  said  railroad  on  the  sur- 
face of  the  streets  through,  upon  and  along  any  and  all 


60 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


of  the  following  streets,  avenues,  roads  or  highways  in 
this  village,  to  wit  : beginning  on  the  White  Plains 
Boulevard  or  3d  street  at  the  northerly  boundary  line 
of  said  village  of  South  Mount  Vernon,  running  thence 
southerly  to  15th  avenue  in  said  village  ; also  through 
and  along  19th  and  20th  avenues  from  3d  street  or 
White  Plains  road  to  the  Bronx  River,  and  First  street 
from  19th  to  20th  avenues. 

Resolved , That  this  consent  is  given  upon  ihe  con- 
ditions in  these  resolutions  following,  and  shall  become 
null  and  void  on  the  failure  of  the  said  railway  com- 
pany to  perform  said  conditions  : 

§ 1.  That  said  company,  its  successors  or  assigns,  be- 
fore commencing  the  operation  of  its  line  shall  execute 
to  this  village  a bond  in  the  penal  sum  of  one  thousand 
dollars  (1,000)  conditioned,  that  the  said  company  will 
make  the  necessary  repairs  to  the  road  bed  between  its 
i racks,  the  rails  of  its  tracks  and  two  (2)  feet  outside  of 
its  tracks,  whenever  requested  by  said  Board  of 
Trustees  in  writing  so  to  do,  and  on  failure  so  to  do  the 
village  officials  of  said  village  may  proceed  to  make 
such  repairs  at  the  expense  of  the  company. 

Skction  II.  1st  ; A book  of  one  hundred  (100) 
tickets,  to  cost  live  (5)  cents  e ach,  to  be  placed  on  sale 
in  the  Village  of  South  Mount  Vernon,  in  one  or  more 
places,  so  as  to  be  obtained  by  all  residents  of  the 
Village  of  South  Mount  Vernon,  between  the  hours  of 
seven  (7)  a.  m.  and  eight  (8)  p.  m.,  daily. 

2d  ; Each  of  these  tickets  to  be  accepted  when  pre- 
sented in  book  form,  and  not  otherwise,  by  the  Union 
Railway  Company  for  one  continuous  ride  on  the  cars 
of  the  Company,  its  successors  or  assigns,  to  and  from 
One  Hundred  and  Twenty-ninth  (129)  Street  in  New 
York  City,  to  and  from  any  point,  by  either  the  West 
Farms  or  Fordham  Route,  so  called,  in  South  Mount 
Vernon. 


CONSENT  OF  LOCAL  AUTHORITIES,  SO.  MT.  VERNON.  61 

3d  ; Each  of  these  tickets  to  b j accepted  when  pre- 
sented in  book  form,  and  not  otherwise,  by  the  Union 
Railway  Company,  its  successors  or  assigns,  as  a fare 
from  any  passenger  who  is  a resident  of  the  Village  of 
South  Mount  Vernon,  or  a member  of  his  or  her  im- 
mediate family,  or  a servant  therein  and  any  employees, 
on  business  of  any  employer  or  employers  engaged  in 
business  in  the  Village  of  South  Mount  Vernon,  and 
each  of  these  tickets  when  presented  in  book  form,  and 
not  otherwise,  to  be  accepted  from  any  of  the  persons 
before  mentioned  by  the  Union  Railway  Company,  its 
successors  or  assigns,  in  payment  of  fare  as  an  equiva- 
lent of  and  in  lieu  of  live  (5)  cents  each  on  any  line  of 
Railway  owned,  operated  or  leased  by  the  Union  Rail- 
way Company,  its  successors  or  assigns. 

4th  ; The  Union  Railway  Company,  its  successors  or 
assigns,  to  make  any  reasonable  rules  in  the  sale  of 
tickets  to  protect  their  interests,  but  no  rules  to  be 
made  requiring  affidavits  from  purchasers. 

Second — Rates  of  Fares. 

1st  ; For  any  passenger  going  to  or  from  any  point  on 
the  line  or  lines  of  said  Railway,  line  or  lines  operated 
by  said  Company,  its  successors  or  assigns,  in  the 
Village  of  South  Mount  Vernon,  and  to  or  from  any 
point  on  the  line  of  said  Railway,  or  line  or  lines 
operated  by  said  Company,  its  successors  or  assigns,  to 
or  from  any  point  north  of  One  Hundred  and  Twenty- 
ninth  (129)  Street,  New  York  City,  and  not  tendering  a 
ticket,  the  fare  shall  be  len  (10)  cents. 

2d  ; For  any  passenger  going  to  or  from  any  point  on 
the  line  of  said  railway,  line  or  lines  operated  by  said 
Company,  its  successois  or  assigns,  in  the  Village  of 
South  Mount  Vernon,  to  or  from  the  boundary  line 
between  Westchester  and  West  Farms  and  not  tender- 
ing a ticket,  the  fare  shall  be  five  (5)  cents. 

3d  ; For  any  passenger  going  to  or  from  any  point  on 


62 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


the  line  of  said  Railway,  or  line  or  lines  operated  by 
said.  Company,  its  successors  or  assigns,  in  the  Village 
of  South  Mount  Vernon,  to  or  from  any  point  on  the 
line  of  said  Railway,  or  line  or  lines  operated  by  said 
Railway  Compan}^,  its  successors  or  assigns,  in  the  cities 
of  Mount  Vernon  and  Yonkers  and  the  towns  of  East- 
chester,  Pelham  and  New  Rochelle,  or  any  city,  town 
or  village  north  of  said  Village  of  South  Mount  Vernon, 
the  fare  shall  be  the  same  as  is  now  or  may  hereafter  be 
charged  from  any  point  on  the  line  of  said  Railway,  or 
line  or  lines  operated  by  said  Company,  its  successors 
or  assigns,  in  the  city  of  Mount  Vernon  to  any  point  on 
the  line  of  said  Railway,  or  line  or  lines  operated  by 
said  Company,  its  successors  or  assigns,  in  said  cities  or 
towns  or  villages. 

§ 3.  Said  company,  in  accordance  with  the  law,  shall 
use  a low  and  flat  rail,  affording  the  least  obstacle  to  the 
crossing  of  vehicles,  and  to  be  approved  by  the  Board  of 
Trustees  before  being  laid. 

§ 4.  The  said  Union  Railway  Company  shall  run  a 
car  daily  over  its  entire  route  in  said  village  of  South 
Mount  Vernon,  in  each  direction  at  least  every  half 
hour  from  5:30  a.  m.  to  12:30  a.  m.,  and  at  least  hourly 
after  said  company’s  line  shall  be  operated  on  Webster 
avenue  and  Olin  avenue  to  its  intersection  with  the 
White  Plains  Road  in  Williamsbridge,  thereafter  till 
live-thirty  (5:30)  A.  m. 

§ 5.  The  said  street  railway  shall  be  constructed  and 
in  operation  with  cars  running  over  its  whole  length  of 
route  in  South  Mount  Vernon  by  June  1st,  189  f,  unless 
the  company  is  delayed  by  legal  proceedings,  the  time 
during  which  they  are  delayed  by  such  proceedings  to 
be  added  to  the  period  otherwise  ending  on  June  1st, 
1894,  the  motive  power  to  be  electricity. 

§ 6.  If  the  said  village  is  brought  into  litigation  by 
reason  of  the  granting  of  this  franchise  before  the  oper- 
ation of  the  road,  the  said  company  will  pay  the  reason- 


CONSENT  OF  LOCAL  AUTHORITIES,  SO.  MT.  VERNON.  63 


able  fees  of  such  counsel  as  the  local  authorities  of  said 
village  may  select. 

§ 7.  Whenever  after  live  years  from  the  date  of  grant- 
ing this  franchise,  the  entire  gross  receipts  of  said  com- 
pany shall,  during  any  period  of  six  months,  exceed  an 
average  of  $1700  per  day,  then,  and  in  that  event,  the 
company  shall  thereafter  annually,  on  the  1st  day  of 
December,  pay  into  the  treasury  of  said  village  a sum 
equalling  in  the  aggregate  that  proportion  of  one  per 
cent,  of  its  gross  earnings  as  the  length  of  its  road  in 
said  village  shall  bear  to  the  entire  length  of  its  road 
owned  or  operated  by  it  in  Westchester  County  ; and  an 
additional  annual  payment  of  the  same  proportion  of 
one  per  cent,  of  such  gross  earnings  shall  be  made  by 
said  company  in  like  manner  for  each  multiple  of 
$1700  per  day  for  such  average  gross  earnings.  The 
gross  receipts  of  all  the  lines  of  road  owned  by  said 
company  in  Westchester  County,  whether  operated  by 
said  company  or  lessees  thereof,  or  of  any  portion  there- 
of, shall  be  deemed  gross  earnings  of  said  company 
within  the  meaning  of  this  paragraph;  and  the  said 
company  shall  furnish  a written  statement  at  the  end 
of  each  year,  supported  by  affidavits,  showing  its  re- 
ceipts, and  the  proper  village  officers  shall  have  free 
access  to  such  books  of  said  company  as  are  necessary 
to  verify  said  statements. 

§ 8.  The  said  company  shall,  before  the  operation  of 
its  road  in  South  Mount  Vernon,  put  up  and  maintain 
guard  wires  to  trolley  wires,  if  used,  or  other  guard 
system  for  the  prevention  of  accidents,  also  the  latest 
devices  for  protection  from  accident  from  wheels  of 
cars. 

§ 9.  All  poles  shall  be  dressed  and  painted  and  main- 
tained in  a manner  satisfactory  to  the  Board  of  Trustees 
of  said  village. 

§ 10.  The  construction  of  said  railway  shall  be  com- 
pleted and  the  said  road  in  operation  on  or  before  the 


64 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


1st  day  of  June,  1894,  in  default  of  which  this  consent 
hereby  granted  for  the  construction  and  operation  of 
said  railway  shall  be  null  and  void. 

§ 11.  All  main  tracks  shall  be  laid  in  the  centre  of  the 
road,  and  both  the  Union  Kailway  Company  and  the 
Mount  Vernon  and  Eastchester  Railway  Company 
shall  operate  their  railway  over  the  same  tracks,  it  being 
the  intent  and  meaning  of  this  condition  that  the  tracks 
laid  on  the  White  Plains  Road  from  the  northerly 
boundary  line  of  this  village  to  19th  avenue,  and  along 
19th  and  20th  avenues  from  the  White  Plains  Road  or 
3rd  street  to  the  Bronx  River,  and  on  First  street  from 
19tli  to  20th  avenues,  shall  be  used  jointly  by  both 
companies. 

§ 12.  All  cars,  rails  and  electrical  apparatus  to  be  of 
the  most  approved  and  modern  construction  and  to  be 
kept  at  all  times  in  first-class  order  and  repair  by  the 
said  company. 

§ 13.  If  at  any  time  hereafter  it  shall  be  determined 
by  any  Court  or  tribunal  of  competent  jurisdiction  that 
any  of  the  terms  and  conditions  herein  contained  were 
beyond  the  power  of  the  local  authorities  of  said  village 
to  exact  or  the  company  to  comply  with,  such  deter- 
mination shall  not  invalidate  or  make  null  and  void 
this  consent,  but  the  same  is  to  be  binding  and  opera- 
tive upon  said  village  and  said  company  as  though  such 
particular  terms  and  conditions  so  determined  upon 
had  not  been  contained  in  this  consent. 

§ 14.  This  franchise  is  granted  upon  the  further  ex- 
press condition  that  the  provision  of  Chapter  565  of  the 
Laws  of  1890  and  the  amendments  thereto  (notwith- 
standing the  provision  of  Chapter  340  of  the  Laws  of 
1892)  shall  be  complied  with. 

§ 15.  This  franchise  or  consent  to  become  binding 
upon  the  village  of  South  Mount  Vernon  in  case  the 
company  shall  by  April  16th,  1894,  tile  with  the 
Village  Clerk  its  written  acceptance  of  the  terms,  obli- 
gations and  conditions  thereof. 


CONSENT  OF  D.  P.  P.  TO  CONSTRUCTION  ON  BROADWAY.  6.1 


CHAPTER  598  OF  LAWS  OF  1894. 

AN  ACT  to  amend  chapter  three  hundred  and  sixty  - 
one  of  the  laws  of  eighteen  hundred  and  sixty  - 
three,  entitled  “An  act  to  authorize  the  construc- 
tion of  a railway  and  tracks  in  the  towns  of  West 
Farms  and  Morrisania  as  subsequently  amended.” 

Became  a law  May  9,  1894,  with  the  approval  of  the  Governor.  Passed, 
three-fifths  being  present. 

The  People  of  the  State  of  New  York , represented  in 
Senate  and  Assembly , do  enact  as  follows  : 

Section  1.  The  title  of  chapter  three  hundred  and 
sixty-one  of  the  laws  of  eighteen  hundred  and  sixty- 
three,  entitled  “ An  act  to  authorize  the  construction  of 
a railway  and  tracks  in  the  towns  of  W est  Farms  and 
Morrisania,  as  subsequently  amended,”  is  hereby 
amended  to  read  as  follows  : ‘ ‘ An  act  to  authorize  the 
construction  of  a railway  and  tracks  in  the  towns  of 
West  Farms,  Morrisania,  Westchester,  East  Chester 
and  Mount  Vernon.” 

§ 2.  Any  and  all  proceedings  heretofore  taken  in  sub- 
stantial compliance  with  J]he  provisions  of  chapter 
three  hundred  and  sixty-one  of  the  laws  of  eighteen 
hundred  and  sixty-three,  as  now  amended,  are  hereby 
approved,  ratified  and  confirmed. 

§ 3.  This  Act  shall  take  effect  immediately. 


66 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY, 


Consent  of  Department  of  Public  Parks  to  Con- 
struction of  Road  upon  Broadway". 

City  of  New  York, 
Department  of  Public  Parks, 

49  and  51  Chambers  St. 

March  30th,  1894. 

Commissioners’  Office. 

The  Union  Railway  Co., 

2389  Third  Avenue  : 

Gentlemen. — J have  the  honor  to  inform  you  of  the 
adoption  of  the  following  preamble  and  resolution  at 
a meeting  of  the  Board  of  Parks  held  this  day  : 

“ Whereas,  The  consent  of  the  Common  Council  of 
the  City  of  New  York  as  the  local  authorities  thereof, 
has  been  given  the  Union  Railway  Company  for  the 
construction  of  a railroad  through  Broadway  in  the 
24th  Ward  of  the  City  of  New  York. 

Resolved , That  the  consent  of  the  Commissioners  of 
Public  Parks  is  hereby  given  'to  the  Union  Railway 
Company  of  the  City  of  New  York  to  construct,  main- 
tain and  operate  an  extension  or  branch  of  its  railroad 
through,  along  and  upon  the  surface  of  Broadway  from 
the  southerly  end  of  Van  Cortlandt  Park  northerly 
to  the  city  line,  together  with  the  necessary  switches, 
connections,  turnouts,  turntables  and  stands  for  the 
convenient  operation  of  said  railroad,  and  that  said 
railroad  may  be  operated  by  animal  or  horse  power  or 
by  cable,  electricity  or  any  motive  power  other  than 
locomotive  steam  power.” 

Respectfully, 

Charles  D.  F.  Burns, 

Secretary,  D.  P.  P. 


LEASE  TO  METROPOLITAN  ST.  RY.  CO.,  135TH  ST.  67 


Resolution  of  Common  Council  of  the  City  of  New 

York  relative  to  time  of  completion  of  road. 

“ Resolved,  That  the  Union  Railway  Company  of 
New  York  City  be  required  to  file  with  the  comptroller 
within  thirty  days  from  the  date  hereof  its  bond  in  the 
penal  sum  of  fifty  thousand  dollars,  with  good  and  suf- 
ficient sureties,  approved  by  the  comptroller,  that  it 
will  within  two  years  from  the  date  hereof  (legal  and 
official  delays  excepted)  complete  the  construction  and 
commence  the  operation  of  its  railroad  in  pursuance  of 
the  consents  of  the  common  council  heretofore  given  in 
1892,  upon  the  streets,  avenues  and  highways  specified 
in  such  consents,  and  that  in  case  of  failure  of  such 
company  to  so  file  such  bond  or  to  so  complete  and 
operate  its  railroad  within  such  time  that  the  corpora- 
tion counsel  be  directed  to  commence  an  action  or  to 
take  such  other  proceeding  as  may  be  deemed  proper 
and  necessary  to  enforce  the  collection  of  such  bond 
and  to  procure  the  forfeiture  of  the  right  of  such  com- 
pany to  construct,  maintain  and  operate  its  railroad 
upon  all  such  streeis,  avenues  and  highways,  or  por- 
tions thereof,  upon  which  such  company  shall  have  so 
failed  to  construct  or  operate  its  railroad.” 

Adopted  by  the  Board  of  Aldermen  on  the  7th  day 
of  January  1896.  Approved  by  the  Mayor  on  the  28th 
day  of  January  1896. 


Lease  to  Metropolitan  Street  Railway  Company, 
135th  Street  Line. 

This  Agreement,  made  this  21st  day  of  June,  one 
thousand  eight  hundred  and  ninety-seven,  between  The 
Union  Railway  Company  of  New  York  City  (here- 
inafter called  the  lessor),  party  of  the  first  part,  and 
Metropolitan  Street  Railway  Company  (hereinafter 
called  the  lessee),  party  of  the  second  party,  wit- 
nesseth  : 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


C)S 


Whereas,  the  parties  hereto  are  street  surface  rail- 
road companies  organized  and  existing  under  the  laws 
of  the  State  of  New  York  ; and 

Whereas,  the  lessor  owns  and  operates  street  surface 
railroads  and  railroad  routes  in  the  city  of  New  York 
(among  other  streets  and  avenues)  upon  One  Hundred 
and  Thirty-fifth  street,  between  the  easterly  line  of 
Madison  avenue  and  the  westerly  line  of  Eighth  avenue  ; 
and 

Whereas,  the  lessee  desires  to  use  the  railway  tracks 
upon  the  said  last-mentioned  line  on  One  Hundred  and 
Thirty-fifth  sneet,  under  the  condilions  hereinafter  pro- 
vided : 

Now,  therefore,  in  consideration  of  the  premises,  and 
of  the  sum  of  one  dollar,  and  of  other  valuable  con- 
siderations, it  is  hereby  agreed  by  and  between  the  par- 
ties hereto  as  follows  : 

First. — The  lessor  does  hereby  (subject  to  the  reser- 
vations hereinafter  stated)  grant,  lease  and  demise  unto 
the  lessee,  its  successors  and  assigns,  all  the  railroads 
of  the  lessor  now  or  hereafter  during  the  pendency  of 
this  lease  to  be  constructed  upon  said  One  Hundred  and 
Thirty-fifth  street,  between  the  easterly  line  of  Madison 
avenue  and  the  westerly  line  of  Eighth  avenue,  in  the 
city  of  New  York,  together  with  all  the  franchises, 
rights,  powers  and  privileges  of  the  lessor  to  maintain, 
construct  and  operate  a railroad  upon  said  One  Hun- 
dred and  Thirty- fifth  street,  between  said  easterly  line 
of  Madison  avenue  and  said  westerly  line  of  Eighth 
avenue  ; also  all  the  benefits  and  rights  arising  from  all 
or  any  consents,  contracts,  leases  or  agreements  which 
the  lessor  now  has  or  may  hereafter  be  entitled  to  in  re- 
spect of  the  construction,  maintenance  and  operation  of 
a railroad  on  said  One  Hundred  and  Thirty-fifth  street, 
bstween  said  easterly  line  of  Madison  avenue  and  said 


LEASE  TO  METROPOLITAN  ST.  RY.  CO.,  130TII  ST.  69 

westerly  line  of  Eighth  avenue  as  aforesaid.  This  lease 
includes  not  only  the  existing  railroad  of  the  lessor  on 
One  Hundred  and  Thirty-fifth  street,  between  Madison 
and  Eighth  avenues,  but  all  subsequent  renewals 
thereof  and  additions  thereto,  and  all  sidings,  turnouts, 
connections,  extensions  and  branches  of  the  existing 
railroad  or  railroads  on  One  Hundred  and  Thirty-fifth 
street,  between  Madison  and  Eighth  avenues,  now  or 
which  may  hereafter  be  constructed  and  all  rights  and 
franchises  now  or  hereafter  to  be  acquired  by  the  lessor 
to  make  sidings,  turnouts,  connections,  extensions  and 
branches  on  One  Hundred  and  Thirty  fifth  street,  be- 
tween Madison  and  Eighth  avenues,  together  with  all 
extensions  of  the  franchise  now  or  hereafter  obtained 
of  the  lessor  to  construct,  maintain  and  operate  a 
railroad  on  One  Hundred  and  Thirty-fifth  street,  be- 
tween Madison  and  Eighth  avenues. 

To  have  and  to  hold  the  same  and  each  and  every 
part  thereof  (subject  to  the  reservations  hereinafter 
stated),  unto  the  lessee,  its  successors  and  assigns,  for 
the  unexpired  term  of  the  charter  of  the  lessor  and  any 
extensions  of  said  charter,  so  far  as  the  same  are  co- 
extensive or  co-enduring  with  the  charter,  and  for  the 
term  of  those  rights  which  are  not  co  extensive  or  co- 
enduring with  the  charter,  as  the  same  may  have  been 
acquired  by  the  lessor,  to  be  used,  maintained  and  op- 
erated by  the  lessee  in  accordance  with  the  require- 
ments of  the  charter,  and  subject  to  the  conditions  of 
the  grants  to  the  lessor. 

Reserving,  however,  to  the  lessor,  its  successors  and 
assigns,  an  equal  undivided  one-half  interest  in  and  to 
the  property  hereby  leased  and  demised,  so  that  dur- 
ing the  pendency  of  this  lease  the  lessor  shall  have  full 
and  free  right  to  use  and  occupy  the  leased  railroads  on 
One  Hundred  and  Thirty-fifth  street,  between  the 
westerly  line  of  Madison  avenue  and  the  easterly  line  of 
Eighth  avenue  in  common  with  the  lessee,  its  succes- 
sors and  assigns,  and  to  operate  cars  thereon  by  the 
overhead  electrical  trolley  mode  of  traction,  or  by  any 


70 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


substituted  motive  power  which  the  lessor  maybe  here 
after  authorized  to  use. 

Second. — The  lessee  agrees  to  pay  to  the  lessor,  its 
successors  and  assigns,  the  annual  rental  of  one  hun- 
dred dollars  per  year,  which  said  rental  shall  be  pay- 
able in  advance,  annually,  at  the  office  of  the  lessor,  the 
first  payment  to  be  made  upon  the  first  day  of  the 
month  succeeding  the  date  when  said  Metropolitan 
Street  Railway  Company  shall  have  begun  the  opera- 
tion of  its  cars  upon  said  One  Hundred  and  Thirty- 
fifth  street,  between  the  points  designated  in  this  agree- 
ment. 

Third. — The  lessor,  for  itself,  its  successors  and 
assigns,  further  grants  unto  the  lessee  and  its  assigns, 
and  covenants  that  the  lessee,  its  successors  and 
assigns,  shall  during  the  pendency  of  this  lease  have 
the  right  to  operate  the  leased  railroads  by  the  under- 
ground electrical  trolley  mode  of  traction  (provided  it 
shall  have  duly  acquired  such  right),  or  by  any  other 
motive  power  which  the  lessee,  its  successors  or  assigns, 
may  hereafter  be  authorized  to  use  ; and  that  the  lessee 
may  at  any  time,  and  from  time  to  time  during  the 
pendency  of  this  lease,  remove  the  existing  tracks  and 
reconstruct  the  demised  railroad,  and  build  and  con- 
struct such  pipes,  conduits,  ducts  and  other  structures 
beneath  the  surface  of  the  ground  as  in  the  lessee’s 
judgment  may  be  required  for  the  operation  as  well  of 
the  other  railroads  of  the  lessee  as  of  the  railroads  here- 
by leased  by  the  underground  electrical  trolley  mode  of 
traction,  or  by  any  other  motive  power  which  the 
lessee  may  hereafter  be  authorized  to  use. 

Fourth. — The  lessee,  for  itself,  its  successors  and 
assigns,  covenants  with  the  lessor,  its  successors  and 
assigns,  that  in  any  work  authorized  by  the  provisions 
of  t he  last  preceding  article  hereof,  or  in  reconstructing 
the  demised  railroads,  and  building  conduits  and  other 


LEASE  TO  METROPOLITAN  ST.  RY.  CO.,  135TH  ST.  71 

sub-structures,  it  will  m i n age  the  work  so  as  to  incon- 
venience the  lessor  as  little  as  possible,  and  so  as  not  to 
interfere  with  the  proper  running  of  the  lessor’s  cars, 
and  especially  so  as  to  leave  one  track  free  at  all  times 
for  the  passage  of  the  lessor’s  cars,  and  that  it  will 
put  in  and  construct  such  temporary  switches,  turnouts 
and  connections  as  may  be  necessary  and  proper  to 
enable  the  lessor’s  cars  to  pass  from  one  track  to  the 
other  during  the  work,  and  that  the  expense  of  all 
work  required  for  such  switches,  turnouts  and  connec- 
tions shall  be  borne  by  the  lessee  solely,  and  that  in 
such  work  of  reconstruction  there  shall  be  at  no  time 
more  than  1,000  lineal  feet  of  street  surface  opened  or 
track  disturbed. 

And  the  lessee  further  covenants  with  the  lessor  that 
if,  in  the  construction  or  operation  of  the  proposed 
underground  electric  system,  or  any  other  system  which 
may  be  adopted  by  the  lessee,  any  interference  or  ob- 
struction whatsoever  shall  be  occasioned  in  or  to  or  in 
respect  to  the  operation  of  the  lessor’s  overhead  system 
or  other  system  which  may  be  adopted  by  the  lessor,  all 
changes  or  modifications  of  the  lessor’s  system  and  con- 
struction shall  be  made  which  may  be  necessary  in 
order  to  remove  such  obstruction,  or  to  enable  the  lessor 
to  operate  its  cars  free  from  such  interference,  and  the 
expense  of  such  changes  or  modifications  shall  be  borne 
by  the  lessee  solely.  The  lessee  further  covenants  with 
the  lessor  that  if  by  reason  of  any  act  or  acts  of  said 
lessor,  any  rebonding  or  renewal  or  change  of  the  elec- 
trical connection  of  the  lessor’s  rails  shall  become  neces- 
sary, the  expense  thereof  shall  be  borne  by  said  lessee. 

Fifth. — It  is  mutually  understood  and  agreed  that 
during  the  pendency  of  this  lease  the  expense  of  main- 
taining the  lessor  s poles  and  overhead  trolley  wires  and 
appliances  shall  be  borne  by  the  lessor  solely  ; that  the 
expense  of  maintaining  the  slot  rails,  conduit  and  other 
sub-structures  appurtenant  to  the  lessee’s  underground 
trolley  apparatus  shall  be  borne  by  the  lessee  solely ; 


72  UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 

that  the  expense  of  reconstructing  the  existing  railroad 
and  of  building  conduits  and  other  necessary  sub-struc- 
tures shall  be  borne  by  the  lessee  solely,  and  that  the 
expense  of  maintaining  the  railroad  and  pavement  and 
the  performance  of  all  duties  imposed  by  public  au- 
thority upon  the  lessor  or  the  lessee  with  reference  to 
the  surface  of  the  street  shall  be  borne  in  equal  parts  by 
the  parties  hereto. 

Sixth. — It  is  further  mutually  understood  and  agreed 
that  the  parties  hereto  shall  operate  their  respective 
cars  upon  said  tracks  with  the  least  inconvenience 
possible  to  each  other. 

In  witness  whereof,  the  parties  hereto 
have  caused  this  instrument  in  quad- 
ruplicate to  be  executed  in  their  names 
and  under  their  corporate  seals,  respect- 
ively, the  day  and  year  first  above 
written. 

The  Union  Railway  Company  of  New  York  City, 

By  Edward  A.  Maher, 

[Corporate  seal.J  President. 

Attest : 

Thomas  W.  Olcott, 

Secretary. 

Metropolitan  Street  Railway  Company. 

By  H.  H.  Vreeland, 

[Corporate  seal.]  President. 

Attest : 

Charles  E.  Warren, 

Secretary. 


City  and  County  of  New  York , ss. : 

On  this  23d  day  of  June,  a.  d.  1897,  before  me  per- 
sonally came  Edward  A.  Maher,  to  me  known,  who, 


LEASE  TO  METROPOLITAN  ST.  RY.  CO.,  1 35tII  ST.  73 

being  by  me  duly  sworn,  did  depose  and  say  that  he 
resided  in  the  city  of  New  York,  and  State  of  New 
York  ; that  he  is  the  President  of  the  Union  Railway 
Company  of  New  'fork  City,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  instru- 
ment ; that  he  knew  the  seal  of  said  corporation  ; that 
the  seal  affixed  to  said  instrument  was  such  corporate 
seal  ; t tiat  it  was  so  affixed  by  order  of  the  Board  of 
Directors  of  said  corporation,  and  that  he  signed  his 
name  thereto  by  the  like  order. 

Ambrose  F.  McCabe, 

Notary  Public, 

T seal. ] City  and  County  of  New  York. 

City  and  County  of  New  York , ss.  : 

On  this  21st  day  of  June,  a.  d.  1897.  before  me  per- 
sonally came  Herbert  H.Vreeland,  to  me  known,  who, 
being  by  me  duly  sworn,  did  depose  and  say  that  he 
resided  in  the  City  and  State  of  New  York  ; that  he  is 
the  President  of  the  Metropolitan  Street  Railway  Com- 
pany, one  of  the  corporations  described  in  and  which 
executed  the  foregoing  instrument  ; that  he  knew  the 
seal  of  said  corporation  ; that  the  seal  affixed  to  said 
instrument  was  such  corporate  seal  ; that  it  was  so 
affixed  by  order  of  the  Board  of  Directors  of  said  cor- 
poration, and  that  he  signed  his  name  thereto  by  the 
like  order. 

Ambrose  F.  McCabe, 

Notary  Public, 

[seal.]  City  and  County  of  New  York. 


Certificate  of  the  Secretary  of  the  Union  Rail- 
way Company  of  New  York  City. 

This  lease  or  agreement  having  been  entered  into  by 
the  directors  of  the  Union  Railway  Company  of  New 


74 


FNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


York  City  and  the  Metropolitan  Street  Railway  Com- 
pany  under  the  corporate  seal  of  each  company,  and  a 
meeting  of  the  stockholders  of  the  Union  Railway  Com- 
pany of  New  York  City  having  been  called  for  the  pur- 
pose of  taking  the  same  into  consideration,  and  due  no- 
tice of  the  time  and  place  of  holding  said  meeting  and 
the  object  thereof  having  been  given  by  the  Union 
Railway  Company  of  New  York  City  to  the  stockhold- 
ers thereof,  by  written  or  printed  notices  addressed  to 
each  of  the  persons  in  whose  names  the  capital  stock  of 
said  company  stood  on  the  books  thereof,  at  the  ad- 
dress of  such  persons  as  stated  on  such  books,  or  as 
known  to  the  secretary  of  said  company,  and  delivered 
or  mailed  to  such  persons,  or  the  legal  representatives 
of  such  persons  respectively  at  least  thirty  days  before 
the  time  of  holding  said  meeting  of  such  company,  and 
also  by  a general  notice  published  once  a week  for  at 
least  four  weeks  in  the  Harlem  Local  Reporter , that 
being  a newspaper  printed  in  the  City  and  County  of 
New  York,  where  said  company  has  its  principal 
office  or  place  of  business,  and  such  meeting  having- 
been  had  pursuant  to  such  notice,  on  the  10th  day  of 
August,  1897,  and  at  the  said  meeting  of  stockholders, 
this  agreement  or  lease  of  the  said  directors  having- 
been  submitted  to  the  stockholders  and  con- 
sidered, and  a vote  by  ballot  taken  for  the 
adoption  or  rejection  of  the  same,  each  share  of 
stock  entitling  the  holder  thereof  to  one  vote. 

Now,  therefore,  this  is  to  certi f y that  two-thirds  and 
more  of  all  the  votes  of  stockholders  cast  in  person  or 
by  proxy  at  such  meeting  were  for  the  adoption  of  this 
lease  or  agreement. 

In  witness  whereof  I have  hereunto  affixed  the 
corporate  seal  of  said  Union  Railway  Company  of  New 
York  City,  and  subscribed  my  name  as  Secretary,  the 
10th  day  of  August,  1897. 

[corporate  seal  ] Thomas  W.  Olcott, 

Secretary. 


LEASE  TO  METROPOLITAN  ST.  RY.  CO.,  13oTH  ST.  75 

Certificate  of  the  Secretary  of  Metropolitan 
Street  Railway  Company. 

This  lease  or  agreement  having  been  entered  into  by 
the  directors  of  the  Union  Railway  Company  of  New 
York  City  and  of  the  Metropolitan  Street  Railway  Com- 
pany, under  the  corporate  seal  of  each  company,  and  a 
meeting  of  the  stockholders  of  the  Metropolitan  Street 
Railway  Company  having  been  called  separately  for  the 
purpose  of  taking  the  same  into  consideration,  and  due 
notice  of  the  time  and  place  of  holding  said  meeting  and 
the  object  thereof  having  been  given  by  the  Metropoli- 
tan Street  Railway  Company  to  the  stock- 
holders thereof  by  written  or  printed  notices 
addressed  to  each  of  the  persons  in  whose 
names  the  capital  stock  of  said  company  stood  on 
the  books  thereof,  at  the  address  of  such  persons  as 
stared  on  such  books  or  as  known  to  the  secretary  of 
said  company,  and  delivered  or  mailed  to  such  per- 
sons, or  the  legal  representatives  of  such  persons  re- 
spectively, at  least  thirty  days  before  the  time  of  hold- 
ing said  meeting  of  such  company,  and  also  by  a gen- 
eral notice  published  once  a week  for  at  least  four 
weeks  in  the  Harlem  Local  Reporter . that  being  a news- 
paper printed  in  the  city  and  county  of  New  York, 
where  said  company  has  its  principal  office  or  place  of 
business,  and  such  meeting  having  been  had  pursuant 
to  such  notice  on  the  10th  day  of  August,  1897,  and  at 
the  said  meeting  of  stockholders  this  agreement  or 
lease  of  the  said  directors  having  been  submitted  to  the 
stockholders  and  considered,  and  a vote  by  ballot  taken 
for  the  adoption  or  rejection  of  the  same,  each  share  of 
stock  entitling  the  holder  thereof  to  one  vote. 

Now,  therefore,  this  is  to  certify  that  two-thirds 
and  more  of  all  the  votes  of  stockholders  cast  in  person 


76 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


or  by  proxy  at  snch  meeting  were  for  the  adoption  of 
this  lease  or  agreement. 

In  witness  whereof  I have  liereunto*af- 
fixed  the  corporate  seal  of  said  Metro- 
politan Street  Railway  Company,  and 
subscribed  my  name  as  Secretary,  the 
tenth  day  of  August,  1897. 

[CORPORATE  SEAL.]  CHARLES  E.  WARREN, 

Secretary. 

Endorsed — Union  Railway  Co.  to  Metropolitan  Street 
Railway  Co. — Lease  of  135th  Street  Route— State  of 
New  York,  Office  of  Secretary  of  State— Filed  August 
13,  1897 — Andrew  Davidson,  Deputy  Secretary  of  State. 


State  of  New  York,  i 
Office  of  the  Secretary  of  State,  f s * ' 

I have  compared  the  preceding  with  the  lease  between 
the  Union  Railway  Company  of  New  York  City  and 
Metropolitan  Street  Railway  Company,  filed  in  this 
office  the  13th  day  of  August,  1897,  and  I do  hereby 
certify  the  same  to  be  a correct  transcript  therefrom 
and  of  the  whole  thereof. 

Witness  my  hand  and  seal  of  office  of  the 
Secretary  of  State,  at  the  City  of  Albany, 
this  25th  day  of  August,  one  thousand 
eight  hundred  and  ninety-seven. 

[seal.]  Jno.  Palmer, 

Secretary  of  State. 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST’ N.  77 


Order  Extending  Time  to  Complete  Construction. 

At  a Special  Term  of  the  Supreme  Court  of 
the  State  of  New  York,  held  at  the  Court 
House  in  the  City  of  New  York,  on  the 
27th  day  of  January,  1898. 

Present— Hon.  Chas.  H.  Truax,  Justice. 


In  the  Matter 

of 

The  Application  of  the  Union  ' 

Railway  Company  of  New 
York  City  for  an  extension  of 
time  within  which  to  complete 
the  Construction  of  its  Railway,  j 

, J 

Upon  reading  and  filing  the  annexed  petition  of  the 
Union  Railway  Company  of  New  York  City,  verified 
the  24th  day  of  January,  1898,  setting  forth  the  grounds 
of  its  application  for  an  extension  of  time  within  which 
to  complete  the  construction  of  its  railroad  and  to 
perform  any  and  all  other  acts  required  of  it  by  the 
railroad  law,  or  the  resolution  of  the  Common  Council 
of  the  City  of  New  York  adopted  January  28,  1896  ; 

Now,  on  motion  of  Sfteeiian  & Collin,  of  Counsel 
for  the  said  petitioner,  it  is  hereby 

Ordered,  that  the  time  within  which  the  petitioner 
the  Union  Railway  Company  of  New  York  City,  is  to 
complete  the  construction  of  its  railroad  in  said  petition 
described,  and  to  perform  any  and  all  acts  required  of 
it  by  the  railroad  law  or  by  the  said  resolution  of  the 
said  Common  Council  of  the  City  of  New  York,  be  and 


78 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


the  same  hereby  is  extended  for  the  term  of  one  year 
from  and  after  the  final  determination  of  the  legal  pro- 
ceedings in  said  petition  mentioned. 

Ent., 

C.  H.  T. 


SUPREME  COURT, 

NEW  YORK  COUNTY. 


In  the  Matter 
of 

The  Application  of  the  Union  j. 
Railway  Company  of  New 
York  City  for  an  extension  of 
time  within  which  to  complete 
the  construction  of  its  railway. 


The  Petition  of  the  Union  Railway  Company  of  New 
York  City  respectfully  shows  as  follows  : 

First— The  petitioner  is  a railroad  corporation  or- 
ganized under  Chapter  840  of  the  Laws  of  1892,  being 
“ An  Act  to  amend  Chapter  361  of  the  Laws  of  1863, 
entitled  ‘ An  Act  to  authorize  the  construction  of  a 
railway  and  tracks  in  the  towns  of  West  Farms  and 
Morrisania,’  and  all  acts  amendatory  thereof.” 

Second.—  That  'on  or  about  July  5th,  1892,  petitioner 
applied  to  the  Common  Council  of  the  City  of  New 
York  praying  the  consent  of  the  said  Common  Council 
to  the  construction,  maintenance,  operation  and  use  by 
petitioner  of  a railroad  along  the  streets,  avenues  and 
highways,  mentioned  and  described  in  “ Exhibit  A,” 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST’ N.  19 


hereto  attached  and  made  a part  hereof.  That  said 
Common  Council  duly  considered  said  application  and 
on  August  23d,  1892,  duly  adopted  an  ordinance  or  res- 
olution granting  to  the  said  petitioner  the  consent  of 
the  said  Common  Council  of  the  City  of  New  York  to 
the  extension,  construction,  maintenance  and  operation 
of  its  railroad,  or  branches  or  extensions  thereof,  upon 
and  along  the  surface  of  the  said  streets,  avenues  and 
highways,  mentioned  and  described  in  said  “ Exhibit 
A,”  and  that  the  said  resolution  was  duly  approved  by 
the  Mayor  of  said  city  on  August  26th,  1892. 

Third. — That  on  or  about  December  5th,  1892,  pe- 
titioner applied  to  the  Common  Council  of  the  City  of 
New  York  praying  the  consent  of  the  said  Common 
Council  to  the  construction,  maintenance,  operation  and 
use  by  petitioner  of  a railroad  along  the  streets,  avenues 
and  highways,  mentioned  and  described  together  with 
the  original  routes  in  “Exhibit  B,”  hereto  attached  and 
made  a part  hereof.  That  said  Common  Council  duly 
considered  said  application  and  on  December  27th, 
1892,  duly  adopted  an  ordinance  or  resolution  granting 
to  the  said  petitioner  the  consent  of  the  said  Common 
Council  of  the  City  of  New  York  to  the  extension, 
construction,  maintenance  and  operation  of  its  railroad, 
or  branches  or  extensions  thereof,  upon  and  along  the 
surface  of  the  said  streets,  avenues  and  highways,  men- 
tioned and  described  in  said  Exhibit  “B,”  and  that  the 
said  resolution  was  duly  approved  by  the  Mayor  of  said 
City  on  December  28tb,  1892. 

Fourth. — That  on  the  7th  day  of  January,  1896, 
the  Common  Council  of  the  City  of  New  York  adopted 
a resolution  of  which  the  following  is  a correct  copy  : 

“ Resolved , That  the  Union  Railway  Company  of 
New  York  City  be  required  to  file  with  the  comptroller 
within  thirty  days  from  the  date  hereof  its  bond  in  the 
penal  sum  of  fifty  thousand  dollars,  with  good  and  suf- 
ficient sureties,  approved  by  the  comptroller,  that  it 


80 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


will  within  two  years  from  the  date  hereof  (legal  and 
official  delays  excepted)  complete  the  construction  and 
commence  the  operation  of  its  railroad  in  pursuance  of 
the  consents  of  the  common  council  heretofore  given  in 
1892,  upon  the  streets,  avenues  and  highways  specified 
in  such  consents,  and  that  in  case  of  failure  of  such 
company  to  so  tile  such  bond  or  to  so  complete  and 
operate  its  railroad  within  such  time  that  the  corpora- 
tion counsel  be  directed  to  commence  an  action  or  to 
take  such  other  proceeding  as  may  be  deemed  proper 
and  necessary  to  enforce  the  collection  of  such  bond 
and  to  procure  the  forfeiture  of  the  right  of  such  com- 
pany to  construct,  maintain  and  operate  its  railroad 
upon  all  such  streets,  avenues  and  highways,  or  por- 
tions thereof,  upon  which  such  company  shall  have  so 
failed  to  construct  or  operate  its  railroad.” 

Which  said  resolution  became  of  force  and  effect 
by  the  approval  of  the  Mayor  of  said  City  on  the  28th 
day  of  January,  1896.  That  in  pursuance  of  said  reso- 
lution the  said  Union  Railway  Company  of  New  York 
City  tiled  with  the  comptroller  of  said  city  its  bond  in 
the  penal  sum  of  fifty  thousand  dollars  on  the 
day  of  February,  1896. 

Fifth. — That  your  petitioner  has  constructed  its  line 
of  railroad  along  the  streets,  avenues  and  highways 
specified  in  said  acts  and  resolutions  of  the  Common 
Council  aforesaid,  except  as  mentioned  and  described 
in  “ Exhibit  C,”  hereto  attached  and  made  a part 
hereof.  That  many  of  the  streets,  avenues  and  high- 
ways specified  in  the  said  acts  and  resolutions  have  not 
been  in  fit  condition  to  construct  railroad  tracks  thereon, 
and  that  many  of  said  streets,  avenues  and  highways 
have  never  been  regulated  or  graded.  That  your  peti- 
tioner in  the  year  1897  applied  to  the  Commissioner  of 
Street  Improvements  in  the  twenty-third  and  twenty- 
fourth  wards  of  said  city  for  permits  to  open  up  certain 
of  the  said  streets,  avenues  and  highways  for  the  pur- 
pose of  constructing  its  railroad  thereon,  and  that  the 
said  Louis  F.  Haffen  orally  denied  such  requests  and 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST  N.  81 

also  replied  thereto  in  a communication  dated  Decem- 
ber 28th,  1897,  hereto  annexed  and  marked  “ Exhibit 
D,”  and  made  a part  hereof. 

Sixth.  — That  prior  to  the  time  fixed  by  law  your 
petitioner  began  the  construction  of  its  said  railroad 
for  which  consent  was  given  by  the  said  Common  Coun- 
cil as  aforesaid,  and  has  expended  several  hundreds  of 
thousands  of  dollars  thereon.  That  your  petitioner  has 
been  unable  to  complete  the  construction  of  its  said 
railroad  along  and  upon  the  said  streets,  avenues  and 
highways  mentioned  in  said  resolutions  of  the  Common 
Council  t'or  the  reasons  : 

(a.)  That  the  local  authorities  of  the  City  of  New 
York  having  charge  of  such  streets,  avenues  and  high- 
ways have  refused  to  issue  permits  to  allow  your  peti- 
tioner to  open  up  the  said  streets,  avenues  and  high- 
ways for  the  purpose  of  constructing  its  said  railroad 
thereon. 

(b.)  That  several  of  said  streets,  avenues  and  high- 
ways have  not  been  properly  regulated  or  graded  so  as 
to  permit  of  the  construction  and  operation  of  said  rail- 
road thereon. 

(c.)  That  your  petitioner  has  been  prevented  by  legal 
proceedings  from  completing  the  construction  of  its  rail- 
road upon  the  said  streets,  avenues  and  highways  men- 
tioned and  described  in  'said  u Exhibit  C,”  and  that 
because  of  such  legal  proceedings  has  been  unable  to 
obtain  or  borrow  the  necessary  funds  for  such  construc- 
tion and  operation. 

That  on  Ypril  80th,  1894,  an  action  was  brought  in 
the  Supreme  Court  of  the  State  of  New  York  by  James 
Rogers  against  your  petitioner,  praying  that  an  injunc- 
tion be  granted  restraining  the  construction  by  your 
petitioner  of  a railroad  on  135th  street  between  Madison 
avenue  and  Eighth  avenue,  and  that  tile  gravaman  of 
said  complaint  was  that  the  said  resolutions  of  the  Com- 


82 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


mon  Council,  passed,  respectively,  August  23rd,  1892, 
and  December  27th,  1892,  were  illegal,  null  and  void, 
and  that  your  petitioner  obtained  no  right  thereunder 
to  construct,  operate  and  maintain  its  said  railroad,  and 
that  said  Chapter  340  of  the  Laws  of  1892  was  uncon- 
stitutional and  void.  That  said  case  is  now  at  issue 
and  is  on  the  trial  calendar  of  this  Court. 

That  on  June  30th,  1896,  one  Mary  O’Brien  instituted 
suit  against  your  petitioner  to  prevent  the  construction 
of  said  railroad  on  Jerome  Avenue,  and  that  on  or 
about  July  14th,  1896,  the  motion  for  an  injunction  to 
restrain  the  building  of  said  railroad  was  argued  before 
Mr.  Justice  Stover,  and  on  October  24th,  1896,  an 
opinion  was  rendered  denying  said  motion.  That  the 
gravaman  of  said  action  was  that  the  said  act,  Chapter 
340  of  the  Laws  of  1892,  was  unconstitutional,  null  and 
void,  and  that  the  said  consents  of  the  Common  Council 
were  illegal  official  acts  and  conferred  upon  the  peti- 
tioner no  right  or  authority  to  construct,  maintain  or 
operate  its  said  railroad  on  the  streets,  avenues  and 
highways  mentioned  therein. 

That  on  or  about  March  24th,  1897,  the  Corporation 
Counsel  of  the  City  of  New  York,  on  behalf  of  the 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  made  a motion  to  he  allowed  to  intervene  as  a 
party  defendant  in  said  action,  which  said  motion  was 
argued  on  March  26th  and  was  denied  on  June  23rd, 
1897.  That  Notice  of  appeal  to  the- Appellate  Division 
from  the  order  entered  therein  was  served  by  such  Cor- 
poration Counsel  on  or  about  June  30th,  1897,  and  on 
September  14th,  1897,  an  order  was  entered  staying  the 
trial  of  said  case  until  the  appeal  by  the  said  Mayor, 
Aldermen  and  Commonalty  of  the  City  of  New  York 
was  heard  and  determined  by  the  Appellate  Division. 

That  on  July  14th,  1897,  an  action  was  begun  in  the 
Supreme  Court  of  the  State  of  New  York  by  Ferdinand 
Bohmer,  Jr.,  against  Louis  F.  Haffen,  Commis- 
sioner of  Street  Improvements  in  the  Twenty-Third 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST’ N.  83 

and  Twenty-Fourth  Wards  of  the  City  of  New 
York,  the  Mayor,  Aldermen  and  Commonalty  of  the 
City  of  New  York,  and  the  Union  Railway  Company  of 
New  York  City.  That  an  injunction  was  prayed  for 
therein  and  a motion  therefor  argued  on  July  22d,1897, 
before  Mr.  Justice  Leslie  W.  Russell.  Said  molion  was 
thereafter  denied  and  the  said  action  came  on  for  trial 
before  Mr.  Justice  Truax  on  November  22d,  1897.  That 
said  trial  occupied  two  days  and  that  briefs  of  counsel 
were  submitted  on  January  7th,  1898.  That  said  case 
has  not  yet  been  decided.  That  the  complaint  in  said 
case  was  based  on  substantially  the  same  grounds  as 
are  specified  in  the  said  O’Brien  case,  and,  among  other 
things,  alleges  that  the  said  resolutions  of  the  Common 
Council  granted  in  the  year  1892  to  your  petitioner  are 
and  were  illegal  official  acts  upon  the  part  of  the  said 
Mayor,  Aldermen  and  Commonalty  of  the  City  of  New 
York,  its  officers  and  agents,  and  that  the  said  defend- 
ant, Hafifen,  had  no  authority  of  law  to  grant  permits 
for  the  opening  of  streets  in  connection  with  the  con- 
struciion  of  said  railroad  by  virtue  of  said  resolutions 
and  that  your  petitioner  has  not  obtained  by  virtue 
thereof  any  legal  right  to  construct  or  operate  any  por- 
tion of  its  railroad  along  the  streets,  avenues  and  high- 
ways above  specified. 

That  an  action  based  upon  substantially  the  same 
grounds  as  slated  in  the  Bohmer  suit  was  begun  by 
William  Whitehead  against  the  defendant  on  or  about 
July  13th,  1^7,  and  that  the  answer  of  the  defendant 
thereto  was  served  August  23d  1897.  That  said  action 
is  still  pending  and  is  on  the  calendar  of  this  Court  for 
trial. 

That  by  reason  of  the  said  actions  and  the  allegations 
of  said  complaint  and  the  publication  in  the  daily 
newspapers  in  the  City  of  New  York  of  such  proceed- 
ing the  credit  of  your  petitioner  has  been  seriously  im- 
paired and  it  has  been  impossible  by  reason  thereof  to 
raise  the  necessary  funds  to  complete  the  construction 
of  said  railroad  within  the  time  provided  by  law. 


84  UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 

Your  petitioner,  therefore,  alleges  that  by  reason  of 
the  aforesaid  legal  proceedings  and  acts  it  has  been 
prevented  from  completing  the  construction  of  its  said 
railroad  on  the  streets,  avenues  and  highways  men- 
tioned in  saidu  Exhibit  C,”  and  your  petitioner,  there- 
fore, asks  that  an  order  may  be  made  and  enteied 
herein  by  this  Court  extending  the  time  within  which 
this  Company  may  complete  the  construction  of  its 
said  railroad  and  perform  any  other  act  required  by  the 
railroad  law  for  the  period  of  one  year  after  the 
final  determination  of  the  legal  proceedings  mentioned 
herein. 

Dated,  New  York,  January  24th,  1898. 

Union  Railway  Company  of  New  York  City. 

By 

Edward  A.  Maher, 

President. 


State  of  New  York,  | „ 

City  and  County  of  New  York , f s ' * 

Edward  A.  Maher,  being  duly  sworn,  deposes  and 
says : That  he  is  the  President  of  the  Union  Railway 
Company  of  New  York  City,  the  petitioner  above- 
named.  That  he  has  read  the  foregoing  petition  and 
knows  the  contents  thereof,  and  that  the  same  is  true 
of  his  own  knowledge  except  as  to  the  matters  therein 
stated  to  be  alleged  on  information  and  belief  and  as  to 
those  matters  he  believes  it  to  be  true. 

Edward  A.  Maher. 

Sworn  to  before  me  this  ) 

24th  day  of  January,  1898.  f 

Ed.  J.  McGoldrick, 

Notary  Public  No.  17, 

New  York  County. 


[SEAL.] 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST’n.  85 

Exhibit  A. 

Beginning  at  the  McComb’s  Dam  Bridge  on  Jerome 
avenue,  and  extending  through  and  along  said  avenue 
to  the  city  line. 

Beginning  on  Morris  avenue  at  its  intersection  with 
'Third  avenue  extending  north  through  and  along  said 
Morris  avenue  to  Fordham  Landing  (or  High  Bridge) 
load. 

Beginning  at  the  Harlem  river  pn  Willis  avenue  and 
extending  north  through  and  along  said  Willis  avenue 
to  its  intersection  with  Melrose  avenue  ; thence  through 
and  along  said  Melrose  avenue  to  its  intersection  with 
Webster  avenue  ; thence  through  and  along  said 
Webster  avenue  to  its  intersection  with  the  Bronx 
River  Road  ; thence  through  and  along  said  rond  to  the 
City  Line. 

Beginning  at  the  City  Line  at  the  Bronx  river  on 
Tremont  avenue  and  extending  west  through  and  along 
said  Tremont  avenue  to  its  intersection  with  Webster 
avenue  and  Burnside  avenue  ; thence  through  and 
along  said  Burnside  avenue  to  its  intersection  with 
Sedgwick  avenue  and  Cedar  avenue : thence  through 
and  along  Cedar  avenue  to  its  intersection  with  River- 
view  Terrace  ; thence  southerly  through  and  along  said 
Riverview  Terrace  to  its  intersection  with  Sedgwick 
avenue,  also  west  through  and  along  Beck  street  from 
its  intersection  with  the  Riverview  Terrace  to  the  tracks 
of  the  New  York  and  Northern  Railroad  Company. 

Beginning  at  the  intersection  of  Olin  avenue  with 
Webster  avenue  and  extending  east  through  and  along 
said  Olin  avenue  to  the  city  line. 

Beginning  at  Washington  Bridge,  on  Boscobel  ave- 
nue, and  extending  east  through  and  along  said  a’venue 
to  its  intersection  with  Jerome  avenue. 

Beginning  at  the  terminus  of  the  tracks  of  the  Har- 
lem Bridge,  Morrisania  and  Fordham  Railway  Com- 
pany at  Fordham,  extending  west  over  and  across  the 


86 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


bridge  of  the  New  York  and  Harlem  Railroad  to  Kings- 
bridge  road  ; thence  through  and  along  said  road  to  its 
intersection  with  High  Bridge  Road  ; thence  through 
and  along  said  High  Bridge  Road  to  its  intersection 
with  Sedgwick  avenue  ; thence  northerly  along  said 
avenue  to  its  intersection  with  Bailey  avenue  ; thence 
along  Bailey  avenue  to  its  intersection  with  Broadway 
at  Kingsbridge. 

Beginning  on  Sedgwick  avenue  at  its  intersection 
with  Jerome  avenue  an«t  extending  m a northerly  direc- 
tion through  and  along  said  avenue  to  the  City  Line. 
Together  with  the  necessary  connections,  switches, 
turn-outs,  turntables  and  suitable  stands  for  the  conve- 
nient working  of  the  said  road,  its  extensions  and 
branches. 


Exhibit  B. 

Commencing  at  or  near  One  Hundred  and  Thirtieth 
street  on  Third  avenue,  along  said  avenue  to  and  across 
the  Harlem  Bridge  ; 

Commencing  at  or  near  the  termination  of  the  Harlem 
or  Cole's  Bridge  on  the  Westchester  side  on  the  Boston 
road,  and  running  along  said  road  to  a point  where  the 
said  road  intersects  with  Ford  ham  avenue  ; and  thence 
along  said  Fordham  avenue,  with  necessary  turn-outs  to 
the  Kingsbridge  load  ; thence  along  the  same  to  the 
Harlem  Railroad  ai  or  near  its  depot  at  Fordham  ; 

Along  One  Hundred  and  Thirty-eighth  street  in  the 
Town  of  Morrisania  to  Port  Morris,  and  along  William 
street,  Grove  street,  Butternut  street,  Cedar  street  and 
River  avenue,  in  said  Town  of  Morrisania,  and  across 
Crom well’s  creek  to  the  Village  of  Highbridgeville  ; 

And  along  the  Boston  Post  Road  to  the  Village  of 
West  Farms  and  the  Village  of  Westchester  in  the 
Town  of  Westchester,  through  Lincoln  avenue  and  One 
Hundred  and  Tnirty-third  street,  or  through  both  of 
said  streets  and  avenues  in  the  Town  of  Morrisania  ; 

Along  Westchester  avenue  or  Southern  Westchester 


OLDER  EXTENDING  TIME  TO  COMPLETE  CONST’ N.  87 


turnpike  from  its  junction  with  Third  avenue  or  Boston 
Road  in  the  Town  of  Morrisania,  through  the  Towns  of 
West  Farms  and  Westchester  to  Westchester  Village, 
and  through  and  along  Morris  street  and  Locust  avenue 
in  the  Town  of  West  Farms  from  the  Harlem  Railroad 
to  West  Farms  Village  ; 

Through  and  along  St.  Ann’s  avenue  to  its  southern 
terminus,  and  through  and  along  Van  Stoll  street,  other- 
wise known  as  One  Hundred  and  Thirty  eighth  street, 
from  Third  avenue  to  the  Harlem  river,  and  also 
through  and  along  College  avenue  from  Kingsbridge 
road  to  its  intersection  with  the  road  known  as  Ford- 
ham  and  Pelham  avenue,  and  through  and  along  the 
last-named  avenue  to  Pelham  Bridge  in  the  Town  of 
Westchester,  and  also  from  the  present  terminus  of  the 
tracks  of  said  corporation,  at  or  near  Locust  avenue  in 
the  late  Town  of  West  Farms,  through  and  along  the 
main  road  leading  in  an  easterly  direction  to  the  point 
where  the  said  main  road  intersects  with  the  West- 
chester turnpike  in  the  said  Town  of  Westchester  ; 

From  its  .tracks  on  Third  avenue,  through  and  along 
Morris  avenue,  with  double  tracks,  to  East  Railroad 
avenue  ; thence  northerly  through,  upon  and  along  East 
Railroad  avenue,  with  double  tracks,  to  East  One  Hun- 
dred and  Fifty-fifth  street;  thence  westerly  through, 
upon  and  along  East  One  Hundred  and  Fifty  sixth 
street,  and  across  the  tracks  of  the  New  York  and 
Harlem  Railroad  Company,  with  double  tracks,  to  West 
Railroad  avenue  ; thence  northerly  through,  upon  and 
along  Morris  avenue,  with  double  tracks,  to  East  One 
Hundred  and  Sixty- first  street ; 

Commencing  at  East  One  Hundred  and  Forty  ninth 
street  and  Morris  avenue,  running  thence  easterly,  with 
single  tracks,  to  Cortlandt  avenue  ; thence  running 
northerly  through,  upon  and  along  Cortlandt  avenue, 
with  double  tracks,  to  East  One  Hundred  and  Sixty-first 
street ; 

Also,  from  the  tracks  on  Morris  avenue  and  East 
One  Hundred  and  Forty-eighth  street,  running  thence 


88 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


easterly  through,  upon  ancl  along  East  One  hundred 
and  Forty-eighth  street,  with  single  tracks,  to  Court- 
land  avenue  ; thence  through,  upon  and  along  Court- 
land  avenue,  with  double  tracks,  to  connect  with  the 
tracks  at  East  One  hundred  and  Forty-ninth  street; 
thence  southerly  upon  and  along  Courtland  avenue, 
with  double  tracks,  to  the  intersection  of  Courtland 
avenue  and  North  Third  avenue  ; 

Also,  beginning  at  North  Third  avenue  at  or  near 
East  One  hundred  and  Thirty-eighth  street,  running 
thence  westerly  through,  upon  and  along  East  One  hun- 
dred and  Thirty-eighth  street,  with  double  t racks,  to 
Mott  avenue;  thence  northerly  through,  upon  and 
along  Mott  avenue,  with  double  tracks,  to  East  One 
hundred  and  Sixty-fifth  street  ; thence  easterly  through, 
upon  and  along  East  One  hundred  and  Sixty  fifth 
street,  with  double  tracks,  to  the  entrance  of  Fdeetwood 
Park  ; 

Also,  beginning  at  the  intersection  of  Mott  avenue 
with  East  One  hundred  and  Sixty-first  street  ; thence 
running  easterly  through,  upon  and  along  East  One 
hundred  and  Sixty-first  street,  with  double  tracks,  to 
the  intersection  of  said  street  with  North  Third  avenue, 
and  to  the  tracks  of  the  Harlem  Bridge,  Morrisania  and 
Fordliam  Railway  Company  ; 

* Through  and  along  East  Railroad  avenue,  with  double 
tracks,  to  East  One  hundred  and  Fifty  eighth  street ; 
thence  westerly  through,  upon  and  along  Kast  One  hun- 
dred and  Fifty-eighth  street  and  across  the  tracks  of 
The  New  York  and  Harlem  Railroad  Company  and 
West  Railroad  avenue,  with  double  tracks,  to  Morris 
avenue  ; 

Through  and  along  Morris  avenue  to  its  junction  with 
One  hundred  and  Sixty-fifth  street ; 

Beginning  at  the  McComb’s  Dam  Bridge  on  Jerome 
avenue  and  extending  through  and  along  said  avenue 
to  the  city  line  ; 

Beginning  on  Morris  avenue  at  its  intersection  with 
Third  avenue  and  extending  north  through  and  along 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST’ N.  89 

said  Morris  avenue  to  Fordham  Landing  (or  High 
Bridge  Hoad  ; 

Beginning  at  the  Harlem  river  on  Willis  avenue  and 
extending  north  through  and  along  said  Willis  avenue 
to  its  intersection  with  Melrose  avenue  ; thence  through 
and  along  said  Melrose  avenue  to  its  intersection  with 
Webster  avenue  ; thence  through  and  along  said  Web- 
ster avenue  to  its  intersection  with  the  Bronx  River 
road ; thence  through  and  along  said  road  to  the  city 
line  ; 

Beginning  at  the  city  line  at  the  Bronx  river  on 
Tremont  avenue  and  extending  west  through  and  along 
said  Tremont  avenue  to  its  intersection  with  Webster 
avenue  and  Burnside  a venue  ; thence  through  and  along 
said  Burnside  avenue  to  its  intersection  with  Sedgwick 
avenue  and  Cedar  avenue  ; thence  through  and  along 
Cedar  avenue  to  its  intersection  with  Riverview  Terrace  ; 
thence  southerly  through  and  along  said  Riverview 
Terrace  to  its  intersection  with  Sedgwick  avenue  ; also 
west  through  and  along  Dock  street  from  its  intersec- 
tion with  Riverview  Terrace  to  the  tracks  of  the  New 
York  and  Northern  Railroad  Company. 

Beginning  at  the  intersection  of  Olin  avenue  with 
Webster  avenue  and  extending  east  through  and  along- 
said  Olin  avenue  to  the  city  line  ; 

Beginning  at  Washington  Bridge  on  Boscobel  avenue 
and  extending  east  through  and  along  said  avenue  to 
its  intersection  with  Jerome  avenue  ; 

Beginning  at  the  terminus  ot  the  tracks  of  the  Harlem 
Bridge,  Morrisania  and  Fordham  Railway  Company  at 
Fordham,  extending  west  over  and  across  the  bridge  of 
the  New  York  and  Harlem  Railroad  to  Kingsbridge 
road  ; thence  through  and  along  said  road  to  its  inter- 
section with  High  Bridge  road  ; thence  through  and 
along  said  High  Bridge  road  to  its  intersection  with 
Sedgwick  avenue  ; thence  northerly  along  said  avenue 
to  its  intersection  with  Bailey  avenue  ; thence  along 
Bailey  avenue  to  its  intersection  with  Broadway  at 
Kingsbridge  ; 


90 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Beginning  on  Sedgwick  avenue  at  its  intersection 
with  Jerome  avenue,  and  extending  in  a northerly 
direction  through  and  along  said  avenue  to  the  city 
line. 

Together  with  the  necessary  connections,  switches, 
turnouts,  turn  tables  and  suitable  stands  for  the  con- 
venient working  of  the  said  roads,  their  extensions  and 
branches. 


New  Route. 

Through  and  along  Exterior  avenue,  as  the  same  now 
is  or  may  hereafter  be  laid  out,  from  its  junction 
with  Third  avenue  to  its  junction  at  Eighth  avenue; 

From  the  southern  terminus  of  the  Madison  avenue 
bridge,  through  aud  along  Madison  avenue,  to  One 
Hundred  and  Thirtieth  street  ; 

Through  and  along  One  Hundred  and  Thirty-fifth 
street  in  an  easterly  direction,  from  its  junction  with 
Madison  avenue  to  Eighth  avenue  ; 

Also  along  the  bridge  across  the  Harlem  River,  from 
Third  avenue  to  Second  avenue,  and  along  second  ave- 
nue to  One  Hundred  and  Twenty-fifth  street ; 

Through  and  along  One  Hundred  and  Twenty-fifth 
street  in  a westerly  direction  to  Fourth  avenue  ; 

Through  and  along  Fourth  avenue,  from  One  Hun- 
dred and  Twenty-fifth  street,  to  One  Hundred  and 
Thirtieth  street ; 

Also  through  and  along  One  Hundred  and  Thirtieth 
street  from  Fourth  avenue  to  Madison  avenue  ; 

From  the  easterly  terminal  of  what  is  now  known  as 
Washington  Bridge,  through  and  along  Boscobel 
avenue  to  Jerome  avenue  ; 

Through  and  along  Broadway  in  a northerly  direc- 
tion, from  its  intersection  with  Kingsbridge  road,  to  the 
northerly  city  line. 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST’ N.  91 

Exhibit  C. 

First  Consent. 

JEROME  AVENUE  LINE. 

Built  from  McComb’s  Dam  Bridge  to  Woodlawn 
Gate.  Not  built  from  Woodlawn  Gate  to  the  City  Line 
for  the  reason  that  the  street  from  Woodlawn  Gate  to 
the  City  Line  has  not  been  regulated  or  graded.  It 
would  be  practically  impossible  to  build  and  operate  a 
line  on  that  street  under  the  present  conditions. 

MORRIS  AVENUE  LINE. 

Not  built.  This  street  as  a whole  has  not  been 
graded. 

WILLIS  AVENUE  LINE. 

This  line  is  built  along  Willis  and  Melrose  Avenues 
to  the  intersection  of  161st  Street.  The  Webster  Avenue 
portion  of  it  has  not  been  built  because  of  the  necessity 
of  connecting  Webster  Avenue  with  Melrose  Avenue, 
which  is  about  to  done  by  building  a viaduct  across  the 
cut  of  the  railroad  tracks  of  the  New  York  and  Harlem 
Railroad  Company,  and  until  that  viaduct  is  built  it  is 
impossible  to  make  that  connection. 

TREMONT  AVENUE  LINE. 

This  line  is  built  from  the  Bronx  River  on  Tremont 
Avenue,  extending  westerly  through  and  along  said 
Tremont  Avenue  to  its  intersection  with  Webster  and 
Burnside  Avenues,  and  along  said  Burnside  Avenue  to 
its  intersection  with  Jerome  Avenue.  The  portion  of 
the  line  west  of  Jerome  Avenue  has  not  been  completed 
because  of  the  fact  that  an  aqueduct  running  along  that 
portion  of  Burnside  Avenue  between  Jerome  and  Sedg- 
wick Avenues  is  in  course  of  reconstruction  so  as  to 
open  the  street  through  said  aqueduct,  and  it  is  im- 
possible to  complete  that  line  until  the  said  aqueduct 
work  is  finished. 


92 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


OLIN  AVENUE  LINE. 

Not  built  because  this  Avenue  is  a short  street 
running  easterly  from  Webster  Avenue  to  the  old  City 
Line,  and  no  connection  could  be  until  the  objections 
on  Webster  Avenue,  mentioned  hereto,  have  been  over- 
come. 

BOSCOBEL  AVENUE  LINE. 

Not  built.  It  is  now  being  regulated  and  graded  and 
will  not  be  in  a condition  for  laying  tracks  thereon  until 
that  work  is  completed. 

HIGH  BRIDGE  ROAD. 

This  road  is  now  only  about  thirty  feet  wide  and  is 
to  be  widened  to  make  a street  eighty  feet  in  width.  It 
is  practically  impossible  to  operate  a road  upon  said 
street  under  existing  conditions. 

SEDGWICK  AVENUE  LINE. 

This  line  is  built  from  the  intersection  of  Jerome  Ave- 
nue and  Sedgwick  Avenue  along  Sedgwick  Avenue  to 
High  Bridge  ; and  also  from  the  intersection  of  Broad- 
way and  Riverdale  Avenue  along  said  Broadway  to  the 
City  Line. 

This  line  from  High  Bridge  to  the  intersection  of 
Riverdale  Avenue  and  Bailey  Avenue  has  not  been 
built. 

Second  Consent. 

Exterior  Avenue  Line. 

Not  built,  the  street  not  being  regulated  or  graded. 

Madison  Avenue  Line. 

Built  from  the  southern  terminus  of  Madison  Avenue 
bridge  to  135th  Street. 

Not  built  from  135th  Street  to  130th  Street. 

Line  from  3rd  Avenue  to  2nd  Avenue  and  along  2nd 
Avenue  to  135th  Street.  Not  built. 

Line  along  125th  Street  in  a westerly  direction  to  4th 
Avenue.  Not  built. 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST’ X.  93 


Line  along  4th  Avenue  from  125th  Street  to  130th 
Street.  Not  built. 

Line  from  130th  Street  from  4th  Avenue  to  Madison 
Avenue.  Not  built. 

BOSCOBEL  AVENUE  LINE. 

Not  built.  It  is  now  being  regulated  and  graded  and 
will  not  be  in  a condition  for  laying  tracks  thereon  un- 
til that  work  is  completed. 

ORIGINAL  ROUTE. 

Along  Westchester  avenue  or  Southern  Westchester 
Turnpike  from  the  Southern  Boulevard  through  the 
towns  of  West  Farms  and  Westchester  to  Westchester 
Village. 

Through  and  along  St.  Ann’s  avenue  to  its  southern 
terminus. 

Through  and  along  College  avenue  from  Kingsbridge 
load  to  its  intersection  with  the  road  known  as  Ford- 
ham  and  Pelham  avenue,  and  through  and  along  the 
3a*t  named  avenue  to  Pelham  Bridge  in  the  town  of 
Westchester. 

From  its  tracks  on  Third  avenue  through  and  along 
Morris  avenue  to  East  Railroad  avenue,  thence  north- 
erly upon  East  Railroad  avenue  to  East  155th  Street, 
thence  westerly  upon  East  156rh  street  and  across  the 
tracks  of  the  New  York  & Harlem  Railroad  Company 
to  West  Railroad  avenue,  thence  northerly  upon  West 
Railroad  avenue  to  Morris  avenue,  thence  northerly 
upon  Morris  avenue  to  East  161st  street. 

Commencing  at  East  149th  street  and  Morris  avenue, 
running  easterly  to  Cortland t avenue,  thence  running 
northerly  upon  Cortlandt  avenue  to  East  161st  street. 

From  the  tracks  on  Morris  avenue  to  East  148th 
street,  running  easterly  upon  East  148th  street  to  Cort- 
landt avenu^;  thence  upon  Cortlandt  avenue  to  connect 
with  the  tracks  at  East  149th  street;  thence  southerly 
upon  Cortlandt  avenue  to  the  intersection  of  Cortlandt 
avenue  and  North  Third  avenue. 


94 


UNTON  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Beginning  at  the  intersection  of  East  138tli  street  and 
Mott  avenue,  running  thence  northerly  upon  Mott  ave- 
nue to  East  195th  street  ; thence  easterly  upon  East 
165th  street  to  the  entrance  of  Fleetwood  Park. 

Upon  East  Railroad  avenue  to  East  158th  street  ; 
thence  westerly  upon  East  158th  street  and  across  the 
tracks  of  the  New  York  & Harlem  Railroad  Company 
and  West  Railroad  avenue  to  Morris  avenue  to  its  junc- 
tion with  165th  street. 


Exhibit  D, 

City  of  New  York, 

Commissioner  of  Street  Improvements, 
23rd  and  24th  Wards, 

No.  2622  Third  Ave.,  Cor.  141st  Str. 

Commissioner’s  Office.  Dec.  28th,  1897. 

John  H.  Tierney,  Esq., 

No.  256  Broadway, 

N.  Y." City. 

Bear  JSir. — I have,  as  you  say  in  your  letter  of  the 
21st  instant,  expressed  to  you  verbally  my  attitude 
towards  granting  permits  to  the  Union  Railway  Com- 
pany for  building  their  trolley  lines  on  the  routes  you 
refer  to.  Briefly  stated,  my  objections  are  as  follows  : 

Route  No.  1.  Beyond  156th  street  to  Fleetwood 
Park  Race  Course,  Morris  avenue  is  only  fifty  feet  in 
width  as  now  graded.  Through  Fleetwood  Park  and 
to  the  north  the  avenue  is  not  yet  regulated  and  graded. 
On  the  portion  of  the  avenue  now  in  use,  double  tracks 
could  not  be  laid  without  inconvenience  and  possible 
danger  to  other  traffic,  and  there  is  this  ^objection  to 
granting  a permit  for  this  avenue  until  it  has  been 
opened  to  its  full  width  of  eighty  feet,  besides  the  ob- 
jection that  there  is  no  thoroughfare  through  the  Fleet- 
wood  Park  portion  at  present. 


ORDER  EXTENDING  TIME  TO  COMPLETE  CONST’ N.  95 

Route  2. — There  will  be  no  thoroughfare  from  Mel- 
rose Avenue  to  Webster  Avenue  until  the  viaduct  is 
completed  over  the  railroad  tracks  and  yard  of  the 
New  York  Central  Railroad  Company.  North  of  Bed- 
ford Park.  Webster  Avenue  is  now  being  regulated  and 
graded,  and  will  not  be  in  a condition  for  laying  tracks 
thereon  until  this  is  completed. 

Route  3. — Burnside  Avenue  is  now  in  course  of  con- 
struction on  a depressed  level  so  as  to  pass  under  the 
old  Croton  aqueduct.  There  will  be  no  thoroughfare 
through  there  until  this  is  completed. 

Route  4. — Boscobel  Avenue  has  never  been  actually 
opened  to  traffic,  but  is  now  being  regulated  and 
graded,  and  will  not  be  in  a condition  for  laying  tracks 
thereon  until  this  is  completed. 

Route  5. — High  Bridge  Road,  now  known  as  Ford- 
ham  Landing  Road,  is  less  than  fifty  feet  in  width  as 
now  in  use.  The  same  objection  as  in  Route  1 applies 
to  granting  a permit  for  this  street  until  it  has  been 
regulated  and  graded  to  its  full  width  of  eighty  feet. 

Route  6. — This  avenue  will  have  to  be  opened  shortly 
for  laying  a main  sewer  through  and  under  its  roadbed, 
and  its  present  width  of  sixty  feet  is  to  be  extended  to 
eighty  feet  and  I do  not  deem  it  expedient  lo  have  the 
roadbed  opened  twice  within  a short  time,  if  it  can  be 
avoided.  In  any  case  the  sewer  should  be  completed  first. 

These  are  briefly  my  reasons  for  being  unwilling  to 
grant  a permit  for  any  of  these  routes  under  existing  cir- 
cumstances. They  are,  I believe,  known  to  you,  but  I see 
no  objection  to  my  restating  them  as  I have  done  in 
this  letter. 

Respectfully, 

- (Sgd.)  Louis  F.  Haffen, 

Commissioner. 


96 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


Permit  of  Department  of  Bridges  to  Construction 
upon  129th  Street  Plaza,  with  plans  and  accep- 
tance OF  SAME  BY  COMPANY. 

Department  of  Bridges, 

City  of  New  York, 

Commissioner’s  Office, 

Stewart  Building, 

Manhattan, 

New  York  City,  N.  Y. 

John  L.  Shea, 

Commissioner. 

Permission  is  hereby  granted  to  the  Union  Railway 
Company,  of  New  York  City,  a surface  railroad  cor- 
poration, which  for  a x^eriod  of  more  than  live  years  has 
crossed  the  bridge  over  the  Harlem  river  at  Third  ave- 
nue in  the  city  of  New  York,  with  its  cars,  and  is  now 
about  to  enter  upon  and  cross  the  bridge  over  the 
Harlem  river  at  Third  avenue  in  said  city  which  has 
been  constructed  and  substituted  for  the  bridge  hereto- 
fore used  by  said  city  and  said  corporation,  to  lay, 
extend,  maintain  and  use  railway  loop  tracks  for  the 
transit  of  its  cars  over,  across  and  upon  the  plaza  of  the 
southeast  approach  to  said  new  Third  Avenue  Bridge 
from  a point  intersecting  the  tracks  of  said  railway 
company  at  the  proposed  terminus  of  said  bridge  at 
129th  street  under  the  elevated  structure  to  a point  dis- 
tant 117  feet  5 inches  north  from  the  south  side  of  123th 
street  as  laid  down  in  the  annexed  sketch  or  tracing. 

It  being  expressly  understood  and  agreed  that  said 
railway  company  acquires  no  rights  in,  upon  or  to 
said  plaza  or  approach  or  any  part  thereof,  and  that 
this  permit  may  be  revoked  at  any  time  by  the  Com- 
missioner of  the  Department  of  Bridges  of  the  City 
of  New  York,  and  that  upon  such  revocation 
said  Union  Railway  Company,  its  successors, 
lessees  or  assigns,  shall  immediately,  upon  notice 
served  by  mail  or  otherwise  upon  it  at  its  last  known 
address  in  the  city  of  New  York,  remove  said  railway 


PERMIT  DEPT.  OF  BRIDGES,  129TH  ST.  PLAZA.  97 


loop  tracks,  and  restore  said  plaza  and  approach 
to  a clean,  substantial  condition,  satisfactory 
to  the  Chief  Engineer  of  the  Department  of 
Bridges  ; and  in  case  of  delay  or  refusal  to  so  restore 
said  plaza  or  approach,  the  Commissioner  of  Bridges 
may  cause  the  same  to  be  removed  at  the  expense  of 
said  company,  its  lessees  or  assigns ; and  it  being 
further  understood  and  agreed  that  said  loot)  tracks 
and  connections,  which  are  indicated  upon  the  map  or 
tracing  hereto  annexed  as  part  of  this  permit,  shall  be 
constructed,  laid  and  maintained  under  the  supervision, 
control  and  approval  of  the  Chief  Engineer  of  the  De- 
partment of  Bridges. 

It  is  further  understood  and  agreed  that  for  and  in 
consideration  of  the  privileges  hereby  granted,  said 
Railway  Company  shall  pay  to  the  city  of  New  York 
the  sum  of  two  thousand  dollars  per  annum  for  each 
and  every  year  that  said  railway  loop  tracks  remain  on 
said  plaza  or  approach  ; that  said  sum  shall  be  paid  in 
equal  quarterly  instalments,  at  the  office  of  the  Depart- 
ment of  Bridges,  on  the  fifteenth  days  of  December, 
March,  June  and  September. 

John  L.  Shea, 
Commissioner  of  Bridges, 

City  of  New  York. 

Dated  September  19,  1898. 

Approved  as  to  form. 

Theodore  Connoly, 

1st  Assistant  Corporation  Counsel. 


The  Union  Railway  Company  of  New  York  City,  the 
corporation  named  in  the  foregoing  permit,  hereby 
accepts  permission  to  lay  its  railway  loop  tracks  upon 


98 


UNION  RAILWAY  COMPANY  OF  N.  Y.  CITY. 


the  plaza  or  approach  in  said  permit  mentioned,  upon 
the  terms,  conditions,  and  restrictions  therein  contained. 


Union  Railway  Company  of  New  York  City, 

by 


Edward  A.  Maher, 

President 


Attest : 

Thomas  W.  Olcott, 

[seal.]  Secretary  and  Treasurer. 


State  of  New  York,  j 
City  and  County  of  New  York , j ss‘  ' 

On  this  19th  day  of  September,  1898,  before  me  person- 
ally came  Edward  A.  Maher  and  Thomas  VV.  Olcott, 
to  me  personally  known,  who  being  by  me  duly  sworn 
did  each  for  himself  depose  and  say  : That  he,  Edward 

A.  Maher,  resides  in  the  cily  of  New  York,  and  that  he 
is  the  President  of  the  Union  Railway  Company  of 
New  York  City  ; and  that  he,  Thomas  W.  Olcott,  is 
Secretary  and  Treasurer  of  said  Union  Railway  Com- 
pany of  New  York  City  ; and* that  they  and  each  of 
them  executed  the  foregoing  acceptance  on  behalf  of 
said  Union  Railway  Company  of  New  York  City,  in 
their  capacity  as  President  and  Secretary  and  Treasurer 
of  said  company  respectively,  under  the  authority  of  a 
resolution  of  the  Board  of  Directors  of  said  company  ; 
and  that  the  seal  of  said  Company  is  affixed  thereto 
under  like  authority. 

VVm.  C.  Farley, 

Notary  Public, 

N.  Y.  Co. 


[SEAL.] 


HARLEM  BRIDGE,  MORRISANIA 
AND  FORDHAM  RAILWAY 


COMPANY. 

CHAPTER  361.  LAWS  OF  1863. 

An  Act  to  authorize  the  construction  of  a railway  and 

tracks  in  the  towns  of  West  Farms  and  Morrisania. 

Passed  May  2,  1863. 

The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly , do  enact  as  follows  : 

Section  1.  It  shall  be  lawful  for  George  W.  Devoe, 
William  Cauldwell,  John  B.  Haskin,  Edward  Baach, 
Ralph  L.  Anderson,  Frederick  Grote,  Charles  Bathgate, 
James  Edwards,  C.  H.  Reynolds,  John  C.  Kayser,  Silas 
B.  Gifford,  Thomas  Stewart,  Henry  R.  Wilkinson, 
Richard  Sill  and  those  who  may  now  or  hereafter  be 
associated  with  them,  shall  have  the  exclusive  right  to 
ay  a double  track 

On  the  centre  of  the  Boston  Postroad,  and  to  use 
and  operate  the  same,  commencing  at  or  near  the 
termination  of  the  Harlem  or  Coles  bridge,  on  the 
Westchester  side,  and  running  along  said  road  to 
a point  where  the  said  road  intersects  with  Fordham 
avenue,  and  thence  along  said  Fordham  avenue,  by  a 
single  or  double  track,  with  necessary  turnouts,  to  the 
Kingsbridge  road  ; thence  along  the  same  to  the  Harlem 
Railroad,  at  or  near  its  depot  at  Fordham. 

4 

§ 2.  The  cars  to  be  used  on  said  road  shall  be  drawn 
only  by  horses  or  other  animals. 

§ 3.  The  rails  tp  be  laid  on  said  road  shall  be  of  the 
most  approved  pattern,  (such  as  are  used  on  the  Phila- 


100  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

delphia  city  railroads,)  of  the  weight  of  not  less  than 
thirty  pounds  to  the  yard.  Between  the  tracks  and  be- 
tween the  rails  shall  be  macadamized  and  kept  in 
good  repair,  and  on  each  side  of  the  rails  outside  of  the 
tracks,  to  a distance  of  six  feet  on  each  side  of  the  out- 
side rails  of  both  tracks  thereof,  the  road  shall  be* 
paved  with  the  Belgian  or  other  approved  pavement,  or 
shall  be  macadamized  and  kept  in  good  repair,  and  the 
rails  shall  be  so  laid  as  not  to  obstruct  carriage  travel, 
and  the  said  grantees  shall  best  conform  their  tracks  to 
the  grades  of  the  roads  as  they  now  are  or  may  be 
changed  by  the  authorities  of  the  town. 

§ 4.  The  said  road,  from  its  point  of  commencement 
at  Harlem  Bridge  to  Eighth  street,  Morrisania,  shall  be 
completed  in  six  months  ; and  from  that  point  to  the 
Fordham  depot  in  twelve  months  from  the  passage  of 
this  Act.  If  the  said  corporation  are  delayed  in  com- 
mencing or  completing  the  said  railroad  by  any  cause 
other  than  their  own  act  the  time  during  which  such 
delays  continue  shall  not  be  included  in  said  period. 

§ 5.  No  greater  amount  of  fare  shall  be  charged  any 
passenger  from  Harlem  Bridge  to  Eighth  street,  West 
Farms,  than  live  cents  ; nor  a greater  sum  from  Harlem 
Bridge  to  Tremont  than  eight  cents  nor  a greater  sum 
than  ten  cents  for  the  entire  distance. 

§ 6.  The  grantees  herein  named,  and  their  successors 
or  associates,  shall  have  power  to  issue  bonds  or  obliga- 
tions for  the  construction,  equipping  and  running  of  said 
road,  to  the  amount  of  one-half  of  the  capital  stock 
necessary  for  such  purposes. 

§ 7.  Said  grantees  and  their  associates  are  hereby  re- 
quired, within  two  months  after  the  passage  of  this  Act, 
to  organize  under  an  Act  of  the  Legislature  entitled 
uAn  Act  to  authorize  the  formation  of  railroad  com- 
panies, and  to  regulate  the  same,”  passed  April  second 
eighteen  hundred  and  fifty  ; and  such  corporation  when 
so  formed  shall  have  the  powers  and  be  subject  to  all 


CHAPTER  3(31,  LAWS  OF  1863. 


101 


the  provisions  of  the  said  Act  not  inconsistent  herewith 
except  the  following  sections  or  any  modification  of 
them,  viz  : the  twenty-seventh,  thirty-first,  thirty-fourth 
(as  far  as  it  relates  to  the  transportation  of  property) 
thirty-seventh,  thirty-eighth,  thirty-ninth,  fortieth  and 
forty-fourth,  and  excepting  also  as  to  the  number  of 
associates  and  the  amount  of  capital  stock  to  be  sub- 
scribed, as  required  by  the  first  and  second  sections  of 
the  said  Act.  But  the  said  corporation  shall  make  an 
annual  report  to  the  State  Engineer  and  Surveyor  of  its 
business  and  affairs,  in  such  manner  and  form  as  he  shall 
require. 

§ 8.  The  corporation  formed  under  this  Act  is  hereby 
required  to  make  a reasonable  compensation  to  the 
owner  or  proprietor  of  the  Union  Stage  line,  McGrough 
Independent  Stage  line,  by  reason  of  the  purchase  of 
the  same,  or  damages  by  reason  of  the  laying  of  said 
track  to  this  line  ; and  for  such  purpose  the  corpora- 
tion, or  the  grantees  herein,  or  a majority  of  them,  shall 
appoint  one  disinterested  party,  the  owner  of  the  stage 
line  shall  appoint  one  disinterested  party,  and  these  two 
shall  agree  upon  the  amount  to  be  paid  the  owners  of 
said  stage  lines.  If  the  said  parties  shall  fail  to  agree 
upon  the  price  to  be  paid  by  the  parties  herein,  then  the 
appraisers  shall  choose  a third  party,  and  a decision  of 
a majority  of  them  shall  be  final  and  binding  upon  the 
corporation  and  the  proprietor  of  the  stage  lines  ; said 
stages  to  be  run  by  the  proprietor  thereof  until  the  com- 
pletion and  operation  of  said  road  as  far  as  Eighth 
street  in  Morrisania. 

§ 9.  It  shall  be  lawful,  and  the  corporation  formed 
under  this  Act  is  authorized  to  lay  railway  tracks  at 
the  termination  of  its  road  at  Fordham,  or  at  any  other 
convenient  point,  by  the  most  feasible  route,  to  the  vil- 
lage of  West  Farms,  and  from  thence  to  the  village  of 
Westchester,  and  from  thence  to  the  village  of  Mount 
Vernon,  in  the  towns  of  West  and  East  Chester  ; and 
said  roads  may  be  operated  by  dummy  engines.  Bridges 


/ 


102  HARLEM  BRIDGE.  MOR.  A ND  FORD  RAILWAY  CO. 

crossing  navigable  streams,  for  the  use  of  said  railroads, 
shall  be  constructed  with  sufficient  and  proper  draws, 
provided  the  consent  in  writing  shall  first  be  obtained 
from  the  supervisor  and  commissioners  of  highways  of 
the  respective  towns  before  constructing  either  of  the 
roads  provided  for  in  this  section. 

§ 10.  This  Act  shall  take  effect  immediately. 


Articles  of  Association 
of  THE 

Harlem  Bi:idge  Morrisania  and  Fordham 
Railway  Company. 

[Cancelled  Revenue  Stamp.] 

Made  and  signed  pursuant  to  Chapter  140  of  the  Laws 
of  1850,  and  also  pursuant  to  the  Act  passed  May  2, 

1863,  and  known  as  Chapter  361,  entitled,  “ An  Act  to 
authorize  the  construction  of  a railway  and  tracks  in 
the  towns  of  West  Farms  and  Morrisania.” 

1.  The  subscribers  do  hereby  form  a company  to  con-  ^ 

struct,  maintain  and  operate  a railroad  for  public  use  in 

the  conveyance  of  persons  and  property. 

2.  The  name  of  the  company  shall*  be  the  Harlem 
Bridge,  Morrisania  and  Fordham  Railway  Company. 

3.  The  company  shall  continue  for  one  thousand 
years  from  the  filing  of  these  papers  in  the  office  of  the 
Secretary  of  State. 

4.  The  places  from  and  to  which  the  road  is  to  be  con- 
structed, maintained  and  operated  are  as  follows  : 

[Cancelled  Revenue  Stamp.] 

Commencing  at  or  near  the  termination  of  the  Harlem 
or  Coles  bridge  on  the  Westchester  side,  and  running 
along  the  Boston  Post  road  to  a point  where  the  said 
road  intersects  with  Fordham  avenue,  and  thence  along 
said  Fordham  avenue  by  a sipgle  or  double  track  with 


ARTICLES  OF  ASSOCIATION. 


103 


necessary  turnouts,  to  the  Kingsbridge  road,  thence 
along  the  same  to  the  Harlem  railroad,  at  or  near  its 
depot  at  Fordham. 

5.  The  length  of  the  road  from  Harlem  bridge  to 
Fordham  about  four  and  a half  miles. 

6.  The  road  is  entirely  in  the  county  of  Westchester. 

7.  The  capital  stock  shall  be  (100,000)  one  hundred 
thousand  dollars. 

8.  The  n umber  of  shares  shall  be  (2,000)  two  thousand 
shares  of  fifty  dollars  each. 

9.  The  thirteen  directors  who  shall  manage  the  affairs 

of  the  company  for  the  first  year,  and  until  others  shall 
be  chosen  in  their  places,  are  as  follows  : 

John  B.  Haskin,  Thomas  Stewart, 

Ralph  L.  Anderton,  John  C.  Kayser, 

Frederick  Grote,  Edward  Baack, 


Horace  P.  Whitney. 

[Cancelled  Revenue  Stamp.] 

10.  The  railway  intended  to  be  constructed,  main- 
tained and  operated  by  the  company  hereby  formed, 
will  be  governed  and  regulated  by  the  Acts  of  the  Leg- 
islature, above  referred  to,  passed  May  2,  1863,  and 
also  the  Act  above  referred  to  passed  April  second,  1850, 
and  any  amendment  thereof,  so  far  as  applicable. 

11.  Each  subscriber  to  these  articles  subscribes  hereto 
his  name,  his  place  of  residence,  and  the  number  of 
shares  of  stock  he  agrees  to  take  in  the  company  hereby 
formed. 

12.  The  corporation  hereby  formed  does  not  avail  itself 
of  the  privileges  of  the  ninth  section  of  the  Act  of 
May  2,  1863;  but  such  privileges  and  franchises  con- 
ferred by  said  ninth  section  are  expressly  reserved  to 


Charles  Bathgate, 
Abraham  B.  Tappen, 
John  Bussing, 


William  H.  Van  Cott, 
William  Cauldwell, 
Pierre  C.  Tallman, 


104  HARLEM  BRIDGE,  MOB.  AND  FORD.  RAILWAY  CO. 


the  said  grantees  in  said  Act,  and  their  assigns,  as  the 
basis  of  a separate  corporate  organization. 

Names.  Residences.  Number  of  Shares . 

John  B.  Haskin Fordhara (138)  One  hundred  & thirty-eight. 

Thomas  Stewart 18  State  St., New  York. One  hundred  & forty. 

Ralph  L.  Anderton. . .Fordham (138)  One  hundred  & thirty -eight. 

Henry  R.  Wilkinson.  .New  York  City One  hundred  & thirty-eight. 

Charles  Bathgate West  Farms Forty. 

F.  Grote  Ford  bam One  hundred  & forty. 

Richard  Sill Morrisania One  hundred  & forty. 

Edward  Baack Fordham One  hundred  forty. 

William  Cauldwell.  . .Morrisania One  hundred  (100). 

Abraham  B.  Tappen. .Fordham One  hundred  A forty. 

John  C.  Kavser Ford  bam Ten.  shares. 

Horace  P.  Whitney.  ..Brooklyn,  N.  Y Forty.  (40)  shares. 

P.  C.  Talman West  Farms Two.  shares. 

Wm.  H.  Van  Cott. . . .New  York  City Two.  shares. 

John  Bussing. . . . . .Fordham Twenty-two.  shares  (22). 

[Cancelled  Revenue  Stamp.] 

City  and  County  of  New  York,  ss. : 

On  this  12th  day  of  May,  1868,  before  me  personally 
came  John  B.  Haskin,  Thomas  Stewart,  Ralph  L.  An- 
derton, Henry  R.  Wilkinson,  Charles  Bathgate,  Fred- 
erick Grote,  Richard  Sill,  Edward  Baack,  William 
Canldwell,  Abraham  B.  Tappen,  John  C.  Kayser, 
Horace  P.  Whitney,  Pierre  C.  Talman,  and  John  Bus- 
sing, to  me  known  to  be  the  same  persons  described  in 
and  who  executed  the  foregoing  articles  of  association, 
and  they  severally  acknowledged  to  me  that  they  exe- 
cuted the  same. 

Chas.  H.  Hinman, 

Notary  Public  in  & for  the  City  and 
County  of  New  York. 

[Cancelled  Revenue  Stamp.] 

City  and  County  of  New  York,  ss.: 

John  B.  Haskin,  William  Cauldwell,  and  Abraham 
B.  Tappen,  being  severally  duly  sworn,  each  for  himself 
says: 


[Cancelled  Revenue  Stamp.] 


[Cancelled  Revenue  Siamp.] 


ARTICLES  OF  ASSOCIATION. 


105 


First.  —That  he  is  one  of  the  directors  named  in  the 
articles  of  association  of  the  Harlem  Bridge,  Morrisania 
& Fordham  Railway  Company. 

Second. — That  one  thousand  dollars  of  stock  for  every 
mile  of  railway  proposed  to  be  made  is  subscribed 
thereto  and  subscribed  in  good  faith,  and  that  ten  per 
cent,  thereon  has  been  paid  in  in  cash  and  in  good 
faith,  as  required  by  law. 

John  B.  Haskin, 

Wm.  Cauldwell, 

A.  B.  Tappen. 

Sworn  before  me,  May  IB,  1863. 

Chas.  H.  Hinman, 

Notary  Public. 

(Endorsed) : Articles  of  Association  of  the  Harlem 
Bridge,  Morrisania  and  Fordham  Railway  Company, 
filed  May  16th,  1863,  J.  Wesley  Smith,  Dep.Secty  of  State. 


Affidavit  as  to  payment  of  ten  per  cent. 


\ 

In  the  Matter 

of 

X 

The  Incorporation  of  the  Har- 
lem Bridge  Morrisania  and 
Fordham  Railway  Company. 


City  and  County  of  New  York , ss. : 

John  B.  Haskin,  William  Cauldwell  and  Abra- 
ham B.  Tappen,  being  severally  duly  sworn  each  for 


108  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

himself  says  that  he  is  a Director  of  the  above  named 
Harlem  Bridge  Morrisania  and  Fordham  Railway  Com- 
pany. 

That  more  than  one  thousand  dollars  of  stock  for 
every  mile  of  railroad  proposed  to  be  made,  is  subscribed 
to  the  articles  of  association  and  has  been  subscribed  in 
good  faith  and  that  ten  per  cent,  has  been  paid  in  cash 
thereon  in  good  faith,  and  that  it  is  intended  in  good 
faith  to  construct,  maintain  and  operate  the  road  men- 
tioned in  such  articles  of  association. 

John  B.  Haskin, 

Wm.  Oauldwell, 
Abraham  B.  Tappen. 


Subscribed  and  sworn  before  ) 
me  May  13th,  1863.  f 

Chas.  H.  Hinnan 

Notary  Public. 

j Canceled  Revenue  \ 

( Stamp.  ( 


Endorsed : 

Harlem  Bridge  Morrisania  and 
Fordham  Railway  Company. 

Affidavit,  of  ten  per  ct 
paid  in  &c.  &c. 

Filed  June  13th  1863 

R.  Bamber 

Chief  Clk. 


RESOLUTIONS  AMEN  DING  ARTICLES  OF  ASSOCIATION.  107 


[Cancelled  Revenue  Stamp.] 

Office  of  the  Harlem  Bridge,  Morrisania  and 
Fordham  Railway  Company. 

Morrisania,  June  27,  1863. 

At  a meeting  of  the  stockholders  of  the  said  company, 
held  pursuant  to  notice  and  call  for  such  purpose,  the 
following  resolutions  were  unanimously  adopted  : 

Resolved,  That  article  twelve  of  the  articles  of  organi- 
zation or  incorporation  of  the  Harlem  Bridge,  Morris- 
ania and  Fordham  Railway  Company,  acknowledged 
before  Charles  H.  Hinman,  Notary  Public,  on  the  twelfth 
day  of  May,  1863,  and  tiled  and  recorded  in  the  office  of 
the  Secretary  of  State  at  Albany,  on  the  16th  day  of 
May,  1863,  so  far  as  the  same  expresses  an  intention 
and  the  purpose  of  the  grantees  named  in  the  Act  of 
May  2,  1863,  mentioned  in  the  said  articles  of  associa- 
tion, not  to  avail  themselves  of  the  privileges  of  the 
ninth  section  of  the  said  Act,  be  and  the  said  article  is 
hereby  rescinded,  annulled  and  repealed. 

Resolved , That,  as  grantees  and  incorporators  named 
in  the  said  Act  and  the  said  articles  of  association,  and 
as  assigns  of  certain  of  the  grantees,  and  as  representa- 
tives and  holders  of  all  the  shares  of  the  capital  stock 
of  said  Company  and  of  all  the  franchises  and  privileges 
of  said  Act,  including  the  ninth  section  thereof  in  rela- 
tion to  the  extension  of  the  railway  and  tracks  of  the 
said  Company,  and  the  route  thereof  to  West  Farms 
and  Westchester  and  to  Mount  Vernon,  in  the  towns  of 
West  and  Eastchester,  and  the  operation  of  the  road  by 
dummy  engines,  be,  and  the  same  are  hereby  accepted 
and  availed  of  by  us. 

And  these  resolutions  are  adopted  and  incorporated 
with  the  said  articles  of  association  as  a part  thereof, 
and  as  an  amendment  to  and  forming  an  article  of  the 
said  articles  of  association  instead  of  the  twelfth  sec- 
tion thereof. 

And  all  the  privileges  and  franchises  of  said  ninth 
section  are  hereby  vested  in  the  said  Incorporation  or 
Company. 


108  IIAKL KM  BRIDGE,  WOK.  AND  FORD.  RAILWAY  CO. 


In  witness  whereof,  the  undersigned,  being  the  per- 
sons representing  all  the  shares,  interests  and  fran- 
chises aforesaid,  have  hereunto  subscribed  their  names 
and  seals  the  day  first  written. 

1 Grantee  and  Assignee  of  [l.  s.] 
John  B.  Haskin  for  \ Thomas  Stewart,  also 
self  and  Assignee  of  [ Grantee,  and  represent- 
Thomas  Stewart.  | ing  four  hundred  and 


J one  shares.  [l.  s.] 

Wm.  A.  Darling,  one  hundred  & forty  shares,  [l.  s.] 
H.  R.  Remsen,  Jos.  McD.,  Attorney,  one  hun- 
dred & forty  shares.  [l.  s.J 

Arraham  B.  Tappen,  seventy-nine  shares.  [l.  s ] 
Ed.  Baack,  one  hundred  forty  shares.  [l.  s.] 

Ralph  L.  Anderton,  one  hundred  shares.  [l.  s.] 

Caroline  S.  Talman,  Per  P.  C.  Talman,  Atty, 

Assignee,  two  hundred  twenty-six.  [l.  s.] 

John  Bussing,  twenty  shares.  [l.  s.] 

Horace  P.  Whitney,  one  hundred  seventy 

shares.  [l.  s.] 

Pierre  C.  Talman,  two  shares.  [l.  s.] 

Wm.  Cauldwell,  one  hundred  and  forty  shares,  [l.  s.] 
William  Remsen,  one  hundred  & forty  shares,  [l.  s.] 
F.  Grote,  one  hundred  & forty  shares.  [l.  s.] 

H.  Hart,  one  hundred  & forty  shares.  [l.  s.] 


[Cancelled  Revenue  Stamp.] 

Westchester  County , State  of  New  York , ss. : 

On  this  27th  day  of  June,  1863,  before  me  personally 
appeared  John  B.  Haskin,  William  A.  Darling,  Henry 
R.  Remsen,  by  William  A.  Darling,  his  attorney  in 
fact  ; Abraham  B.  Tappen,  Edward  Baack,  Ralph  L. 
Anderton,  John  Bussing,  Horace  P.  Whitney,  Pierre 
C.  Talman,  William  Cauldwell,  William  Remsen,  Fred- 


[Cancelled  Revenue  Stamp.] 


RESOLUTIONS  AMENDING  ARTICLES  OF  ASSOCIATION.  109 


erick  Grote,  Henry  Hart,  and  Caroline  S.  Talman,  by 
Pierre  C.  Talman,  her  attorney  in  fact,  known  to  me  to 
be  persons  who  executed  the  foregoing  instrument,  and 
acknowledged  to  me  that  they  executed  the  same  for 
the  uses  and  purposes  therein  mentioned. 

Richard  Sill, 
Notary  Public 

in  & for  the  County  of  Westchester. 


[Cancelled  Revenue  Stamp.] 

City  and  County  of  New  York,  ss.  : 

John  B.  Haskin,  being  duly  sworn,  says  that  he  is 
the  President  of  the  Harlem  Bridge,  Morrisania  & 
Fordham  Railway  Company,  and  is  one  of  the  Direc- 
tors thereof  ; that  one  thousand  dollars  of  stock  for 
every  mile  of  railway  proposed  to  be  made  is  subscribed 
thereto,  and  subscribed  in  good  faith  ; and  that  ten 
per  cent,  thereon  has  been  paid  in  in  cash,  and  in  good 
faith,  as  required  by  law. 

That  it  is  the  intention  of  said  Company,  in  good 
faith,  to  build  and  construct  said  road  according  to 
law. 

John  B.  Haskin, 

President  Harlem  Bridge,  Morrisania  & 
Fordham  Railway  Company. 

Sworn  before  me  the  29th  ) 
day  of  June,  1863.  f 

Chas.  H.  Hinman, 

Notary  Public. 


110  HARLEM  BRIDGE,  MOR.  AND  FORD,  RAILWAY  CO. 

Endorsed— The  Harlem  Bridge,  Morris ania  & 
Fordham  Railway  Company. 

Resolutions  in  amendment  of  Articles  of  Associa- 
tion. Filed  July  1,  1863. 

Horatio  Ballard, 

Secretary  of  State. 


Certificate  of  Increase  of  Capital  Stock. 

Office  of  the 

Harlem  Bridge,  Morrisania  & Fordham  Railway 

Company. 

Monday,  June  1st,  1863. 

Notice  is  hereby  given  that  a meeting  of  the  stock- 
holders of  this  company  will  be  held  at  the  office  of  the 
company  at  Morrisania,  on  the  20tli  day  of  July,  1863, 
at  8 o’clock  p.  m.  The  object  of  the  meeting  is  to  in- 
crease the  capital  stock  to  the  sum  of  $300,000. 

I.  B.  Haskin,  Prest. 

7 

R.  L.  Anderton,  Secty. 

The  undersigned  stockholders,  representing  all  the 
shares  of  stock  of  said  company,  hereby  accept  the 
above  notice  and  admit  service  thereof  on  this  date. 


Dated  June' 27th,  1863. 

John  B.  Haskin 400  shares 

Ralph  L.  Anderton 100  “ 

C.  S.  Talman, 

Per  P.  C.  Talman,  atty 276  “ 

P.  C.  Talman 2 “ 

Wm.  H.  Van  Cott, 

Pr.  P.  C.  Talman,  Atty 2 “ 

John  C.  Kayser 10  “ 

Fredk.  Grote  140  u 


CERTIFICATE  OF  INCREASE  OF  CAPITAL  STOCK.  Ill 


John  Bussing.  20  shares 

Wm.  A.  Darling 140  “ 

H.  R.  Remsen, 

Pr.  W.  A.  Darling,  Atty 140  “ 

Wm.  Remsen, 

Pr.  W.  A.  Darling,  Atty 140  u 

Abm.  B.  Tappen 80  “ 

Edw.  Baack 140  “ 

Horace  P.  Whitney 170  “ 

Wm.  Cauldwell 100  “ 

Henry  Hart 140  “ 


Office  of  the 

Harlem  Bridge,  Morrisania  & Fordham  Railway 

Compy. 

Monday,  July  27,  1863. 

The  stockholders  of  this  company,  whose  names  are 
hereto  subscribed,  met  and  convened  pursuant  to  the 
foregoing  notice,  for  the  purpose  of  increasing  the  capi- 
tal stock  of  said  company  from  the  sum  of  One  Hun- 
dred Thousand  Dollars,  the  present  amount,  to  the  sum 
of  Three  Hundred  Thousand  Dollars.  And  the  said 
stockholders  unanimously  adopted  the  following  reso- 
lutions : 

Resolved,  That  the  capital  stock  of  the  H.  B.  M.  & 
Fordham  Railway  Compy.  be  and  the  same  is  hereby 
increased  from  the  sum  of  one  hundred  thousand 
dolls,  to  the  sum  of  three  hundred  thousand  dolls.,  so 
that  the  capital  stock  of  said  company  shall  be,  and  is 
hereby  declared  to  be,  the  sum  of  three  hundred  thou- 
sand dolls.,  and  that  the  no.  of  shares  of  stock  shall  be 
and  is  hereby  declared  to  be  6,000  shares  of  fifty  dollars 
each.  And  it  is  hereby  further  Resolved , That  the 
said  company,  and  the  said  stockholders  do  hereby  ac- 
cept the  provisions  and  franchises  conferred  by  the  9th 
section  of  Chapter  361  of  the  Laws  of  1863,  in  relation 
to  extending  the  route  and  tracks  of  the  said  Railway 
to  West  Farms,  and  to  Westchester,  and  to  Eastch ester, 


112  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 


and  the  same  is  hereby  made  part  of  their  Articles  of 
Association. 

I.  B.  Haskin  ; E.  Baach  ; W.  Caldwell ; W.  H.  Van  Cott 
pr.  P.  C.  Talman.  a tty.  ; W.  A.  Darling  ; R.  L.  Ander- 
ton  ; A.  B.  Tappen ; H.  II.  Remsen,  pr.  W.  A.  Darling, 
atty.  ; Win.  Remsen,  pr.  W.  A.  Darling,  a tty.  ; I.  G\ 
Kayser  ; C.  S.  Talman,  pr.  R.  C.  Talman,  atty.  ; Henry 
Hart;  John  Bussing;  H.  P.  Whitney;  F.  Grote  ; P. 
C.  Talman. 


City  and  County  of  New  York  : ss  : 

On  this  27th  day  of  July,  186)1,  personally  appeared 
before  me,  John  B.  Haskin,  Wm.  A.  Darling,  Edw. 
Baack,  R.  L.  Anderton,  J.  C.  Kayser,  H.  P.  Whitney, 
Fredk.  Grote,  Wm.  Cauldwell,  A.  B.  Tappen,  P.  C. 
Talman,  Henry  Hart  and  John  Bussing,  to  me  known 
to  be  the  persons  described  in  aild  who  executed  the 
foregoing  instrument,  and  acknowledged  to  me  that 
they  executed  the  same. 

Also  on  the  same  day  personally  appeared  before  me 
Wm.  A.  Darling,  known  to  me  to  be  attorney  in  fact 
for  Henry  R.  Remsen  and  William  Remsen,  and  known 
to  me  to  be  the  person  who  executed  the  said  instru- 
ment as  and  for  said  Henry  R.  and  William  Remsen, 
and  acknowledged  to  me  that  he  executed  the  same  as 
and  for  the  act  and  deed  of  said  Henry  R.  Remsen  and 
William  Remsen. 

Also  on  the  same  day  personally  appeared  before  me 
Pierre  C.  Talman  and  known  to  me  to  be  the  attorney 
in  fact  for  Caroline  S.  Talman  and  William  H.  Van 
Cott,  and  known  to  me  to  be  the  persons  who  executed 
the  said  instrument  as  and  for  said  Caroline  S.  Talman 
and  W.  H.  Van  Cott,  and  acknowledged  to  me  that  he 
executed  the  same  as  and  for  the  act  and  deed  of  said 
Caroline  S.  Talman  and  W.  H.  Van  Cott 

[l.  s.]  Chas.  H.  Hilman, 

Notary  Public  in  and  for  the 
City  of  New  York,  &c. 


RESOLUTIONS  SUPERVISORS,  HARLEM  BRIDGE. 


113 


Resolutions  of  Boards  of  Supervisors,  Westches- 
ter and  New  York  Counties,  relative  to 
Harlem  Bridge. 

Resolved , That  permission  is  hereby  granted  by  this 
Board  to  the  Harlem  Bridge,  Morrisania  and  Fordham 
Railway  Company  to  extend  their  rails  over  the  present 
Harlem  Bridge,  as  applied  for,  so  far  as  this  county  has 
jurisdiction  over  the  same. 

Adopted  Nov.  29,  1864,  by  the  Board  of  Supervisors 
Westchester  County. 


Resolved , That  consent  is  hereby  given  to  the  Harlem 
Bridge,  Morrisania  and  Fordham  Railway  Company  of 
Morrisania  to  lay  its  rails  upon  so  much  of  the  Harlem 
Bridge  as  is  within  the  jurisdiction  of  this  county. 

Adopted  Dec.  10,  1868,  by  the  Board  of  Supervisors 
Westchester  County. 


Resolved , That  permission  be  and  is  hereby  given  to 
the  Harlem  Bridge,  Morrisania  and  Fordham  Railway 
Company  to  lay  rails  over  and  across  the  Harlem  Bridge 
to  connect  with  the  tracks  of  said  company  ; provided, 
however,  that  the  rails  to  be  laid  shall  be  of  the  bar  pat- 
tern, not ‘exceeding  one  inch  in  thickness,  and  shall  be 
underlined  with  gutta-percha,  and  fastened  with  counter- 
sunk screws. 

Adopted  by  the  Board  of  Supervisors,  New  York 
County,  Sept.  9,  1868. 

Approved  by  the  acting  Mayor,  Sept.  9,  1868. 

J.  B.  Young, 

Clerk. 


114  IIARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

CHAPTER  7 15.  LAWS  OF  1865. 

An  Act  to  amend  an  act  entitled  “ An  Act  to  Authorize 
the  Construction  of  a Railway  and  Tracks  in  the 
Towns  of  West  Farms  and  Morrisania.” 

Passed  May  12,  1865. 

The  People  of  the  State  of  New  York , represented  in 
Senate  and  Assembly , do  enact  as  follows  : 

Section  1.  Section  two  of  the  Act  entitled  “An  Act 
to  authorize  the  construction  of  a railway  and  tracks  in 
the  towns  of  West  Farms  and  Morrisania,”  is  hereby 
amended  so  as  to  read  as  follows  : 

The  cars  to  be  used  oh  said  road  shall  be  operated 
by  dummy  engines  or  horse  power. 

§ 2.  Section  nine  of  said  Act  is  hereby  amended  so  as 
to  read  as  follows  : 

It  shall  be  lawful,  and  the  corporation  formed 
under  this  Act,  is  authorized,  to  lay  railway  tracks 

at  the  termination  of  its  road  at  Fordham,  or  at  any  other 
convenient  points  by  the  most  feasible  highway  to  the 
village  of  West  Farms,  and  from  thence  to  the  village  of 
Westchester,  and  from  thence  to  the  village  of  Mount 
Vernon.  ' 

Bridges  crossing  navigable  streams  for  the  use  of 
said  railroads  shall  be  constructed  with  sufficient  and 
proper  draws,  provided  the  consent  in  writing  shall 
first  be  obtained  from  the  supervisor  and  commissioners 
of  highways  of  the  respective  towns  before  construct^ 
ing  either  of  the  roads  provided  for  in  this  section. 

§ 3.  This  Act  shall  take  effect  immediately; 


CHAPTER  815,  LAWS  OF  1866. 


115 


CHAPTER  815.  LAWS  OF  1866. 

An  Act  to  amend  chapter  three  hundred  and  sixty-one 
of  the  laws  of  eighteen  hundred  and  sixty-three, 
entitled  “ An  Act  to  Authorize  the  Construction  of 
a Railway  and  Tracks  in  the  Towns  of  West  Farms 
and  Morrisania  ” passed  May  second  eighteen 
hundred  and  sixty-three. 

Passed  April  25,  1866. 

rlhe  People  of  the  State  of  New  York,  represented  in 

Senate  and  Assembly , do  enact  as  follows  : 

Section  1.  Section  three  of  an  Act  entitled  “ An  Act 
to  authorize  the  construction  of  a railway  and  tracks 
in  the  towns  of  West  Farms  and  Morrisania  passed 
May  second  eighteen  hundred  and  sixty-three  is 
hereby  amended  by  adding  to  the  end  of  the  section 
the  words  following  : 

The  rails  to  be  laid  on  said  road  shall  be  of  the  most 
approved  pattern,  of  the  weight  of  not  less  than  thirty 
pounds  to  the  yard.  Between  the  tracks  and  between 
the  rails  the  road  shall  be  macadamized  or  paved,  and 
kept  in  good  repair  by  said  company  ; and  whenever 
the  authorities  either  of  the  town  of  Morrisania,  or  the 
town  of  West  Farms,  shall  decide  upon  paving  with 
Belgian  pavement,  or  other  approved  pavement,  the 
road  or  avenue  upon  which  the  rails  of  said  company 
are  now  laid,  one- sixth  of  the  Cost  of  such  paving  shall, 
upon  the  completion  thereof,  be  paid  by  said  railway 
company  to  the  proper  authorities  of  said  towns,  or 
either  of  said,  towns,  or  either  of  said  towns. 

§ 2.  The  Legislature  may  at  any  time  alter,  amend  or 
'rejieal  this  Act. 

§ 8.  This  Act  shall  take  effect  immediately. 


116  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

CHAPTER  892.  LAWS  OF  1867. 

An  Act  to  amend  an  Act  entitled  “An  Act  to  Author- 
ize the  Construction  of  a Railway  and  Tracks  in 
the  Towns  of  W est  Farms  and  Morrisania  ’ ’ passed 
May  second  eighteen  hundred  and  sixty-three 

Passed  May  11,  1867. 

The  People  of  the  State  of  New  York , represented  in 

Senate  and  Assembly , do  enact  as  follows  : 

Section  1.  Section  live  of  the  Act  entitled  “An  Act 
to  authorize  the  construction  of  a railway  and  tracks  in 
the  towns  of  West  Farms  and  Morrisania”  passed  May 
second  eighteen  hundred  and  sixty-three,  is  hereby 
amended  so  as  to  read  as  follows : 

§ 5.  No  greater  amount  than  six  cents  shall  be 
charged  for  the  transportation  of  a passenger  from  Har- 
lem Bridge  to  the  northerly  boundary  of  the  town  of 
Morrisania  ; nor  a greater  amount  than  eight  cents  from 
Harlem  Bridge  to  Locust  avenue,  Tremont  ; nor  a 
greater  amount  than  ten  cents  from  Harlem  Bridge  to 
the  terminus  of  the  road  at  Fordham. 

§ 2.  Section  nine  of  said  Act  is  hereby  amended  to 
read  as  follows  : 

“ § 9.  It  shall  be  lawful,  and  the  corporation  formed 
under  this  Act  is  hereby  authorized,  to  lay  railway 
tracks  and  operate  the  same 

along  One  Hundred  and  Thirty-eighth  street  in  the 
town  of  Morrisania  to  Port  Morris,  and  along  William 
street,  Grove  street,  Butternut  street,  Cedar  street  and 
River  avenue,  in  said  town  of  Morrisiania,  and  across 
Cromwell’s  Creek  to  the  village  of  Highbridgeville, 
the  said  railway  tracks  not  to  be  laid  upon  or  along 
any  part  of  Central  avenue  in  said  town,  except  across 
the  same;  and  along  the  Boston  Post-road  to  the  village 
of  West  Farms  and  the  village  of  West  Chester,  in  the 
town  of  Westchester. 


CHAPTER  658,  LAWS  OF  1871. 


117 


The  cars  on  said  railroad  hereby  extended  shall  only 
be  drawn  by  horses  or  other  animals,  unless  otherwise 
assented  to  in  writing  by  a majority  of  the  owners  of 
real  estate  on  said  extension.” 

§ 3.  This  Act  shall  take  effect  immediately. 


CHAPTER  633,  LAWS  OF  I 87  I . 

An  Act  to  Amend  an  Act  entitled  “ An  Act  to  Author- 
ize the  Construction  of  a Railway  and  Tracks  in 
the  Towns  of  West  Farms  and  Morrisania,”  passed 
May  Second,  Eighteen  Hundred  and  Sixty-three. 

Passed  April  20,  1871 . 

The  People  of  the  State  of  New  York , represented 
in  Senate  and  Assembly , do  enact  as  follows  : 

Section  1.  Section  nine  of  “An  Act  to  authorize  the 
construction  of  a railway  and  tracks  in  the  towns  of 
West  Farms  and  Morrisania,”  passed  May  second, 
eighteen  hundred  and  sixty-three,  as  amended  by 
chapter  eight  hundred  and  ninety-two  of  the  laws  of 
eighteen  hundred  and  sixty-seven,  is  hereby  amended 
by  adding  at  the  end  thereof  as  follows  : 

It  shall  also  be  lawful,  and  the  corporation  formed 
under  this  Act  is  hereby  authorized  to  lay  railway 
tracks  and  operate  the  same 

either  through  Lincoln  avenue  and  One  Hundred  and 
Thirty- third  street,  or  through  both  of  said  street  and 
avenue,  in  the  town  of  Morrisania,  if  necessary,  to  con- 
nect with  the  ferry  of  the  Morrisania  Steamboat  Com- 
pany. 

§ 2.  Section  three  of  sdid  Act  is  hereby  amended  to 
read  as  follows  : 

§ 3.  The  rails  to  be  laid  on  said  route  shall  be  of  the 
most  approved  pattern  of  the  weight  of  not  less  than 


118  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  00. 

thirty  pounds  to  the  lineal  yard,  and  the  said  grantees 
or  their  successors  shall  keep  the  surface  of  the  street 
inside  the  rails,  and  for  one  foot  outside  thereof,  in 
good  and  proper  order  and  repair,  and  conform  the 
tracks  to  the  grades  of  the  streets  or  avenues  as  they 
now  are  or  may  hereafter  be  changed  by  the  authorities 
of  the  aforesaid  towns. 

§ 3.  This  Act  shall  take  effect  immediately. 


CHAPTER  517,  LAWS  OF  1873. 

An  Act  to  Amend  an  Act  entitled  “An  Act  to  Amend 
an  xlct,  entitled  An  ‘Act  to  Authorize  the  Con- 
struction of  a Railway  and  Tracks  in  the  Towns  of 
West  Farms  and  Morrisania,’  passed  May  Second, 
Eighteen  Hundred  and  Sixty-three,”  passed  April 
Twentieth,  Eighteen  Hundred  and  Seventy-one. 

Passed  May  15,  1873. 

The  People  of  the  State  of  New  York , represented 
in  Senate  and  Assembly , do  enact  as  follows : 

Section  1.  Section  nine  of  an  Act  entitled  “ An  Act 
to  authorize  the  construction  of  a railway  and  tracks  in 
the  towns  of  West  Farms  and  Morrisania,”  passed  May 
second,  eighteen  hundred  and  sixty-three,  as  amended 
by  chapter  eight  hundred  and  ninety- two  of  the  Laws  of 
eighteen  hundred  and  sixty-seven,  and  by  chapter  six 
hundred  and  fifty-eight  of  the  Laws  of  Eighteen  hun- 
dred and  seventy-one,  is  hereby  further  amended  by 
adding  to  the  end  thereof  as  follows  : 

It  shall  also  be  lawful,  and  the  corporation  formed 
under  this  act  is  hereby  authorized,  to  lay  single  or 
double  tracks  and  operate  the  same  by  horse  power 
through  and  along  Westchester  avenue  or  southern 
Westchester  turnpike,  from  its  junction  with  Third 
avenue,  or  Boston  road,  in  the  town  of  Morrisania^ 
through  the  towns  of  West  Farms  and  Westchester  to 


CHAPTER  553,  LAWS  OF  1874. 


119 


Westchester  village,  and  through  and  along  Morris 
street  and  Locust  avenue,  in  the  town  of  West  Farms, 
from  the  Harlem  railroad  to  West  Farms  village. 

But  no  greater  rate  of  fare  than  five  cents  per  mile, 
or  for  any  distance  less  than  one  mile  in  addition  to 
the  fare  authorized  by  section  five  of  an  Act  entitled 
“ An  Act  to  authorize  the  construction  of  a Railway 
and  Tracks  in  the  towns  of  West  Farms  and  Morris- 
ania,” passed  May  second,  eighteen  hundred  and  sixty- 
three,  shall  be  charged  on  either  of  the  branch  tracks 
of  said  corporation  authorized  by  this  section. 

§ 2.  This  act  shall  take  effect  immediately. 


CHAPTER  553.  LAWS  OF  1874. 

.An  Act  to  amend  an  Act  entitled  u An  Act  to  author- 
ize the  construe! ion  of  a Railway  and  Tracks  in  the 
towns  of  West  Farms  and  Morrisania,”  passed  May 
second,  eighteen  hundred  and  sixty-three. 

Passed  May  22,  1874. 

The  People  of  the  State  of  Neto'  York,  represented  in 
Senate  and  Assembly , do  enact  as  follows  : 

Section  1.  Section  eight  of  an  Act  entitled  “ An  Act 
to  authorize  the  construction  of  a railway  and  tracks  in 
the  towns  of  West  Farms  and  Morrisania,”  passed  May 
second,  eighteen  hundred  and  sixty-tliree,  is  hereby 
amended  to  read  as  follows  : 

§ 8.  It  shall  be  lawful,  and  the  corporation  formed 
under  this  act  is  hereby  authorized,  to  lay  single  or 
double  tracks,  and  use  and  operate  the  same,  through 
and  along  St.  Ann’s  avenue  to  its  southern  terminus, 
and  through  and  along  Van  Stoll  street,  otherwise 
known  as  One  Hundred  and  Thirty-eighth  street,  from 
Third  avenue  to  the  Harlem  river  ; and  also  through 
and  along  College  avenue  from  Kingsbridge  road  to  its 
intersection  with  the  road  known  as  Fordham  and  Pel- 


120  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

liam  avenue,  and  through  and  along  said  last-named 
avenue  to  Pelham  bridge,  in  the  town  of  Westchester  ; 
and  also  from  the  present  terminus  of  the  tracks  of  the 
said  corporation  at  or  near  Locust  avenue,  in  the  late 
town  of  W est  Farms,  through  and  along  the  main  road, 
leading  in  an  easterly  direction  to  the  point  where  the 
said  main  road  intersects  the  Westchester  turnpike,  in 
the  said  town  of  Westchester.  But  no  greater  fare 
than  live  cents  per  mile,  or  for  any  distance,  in  addi- 
tion to  the  fare  authorized  by  Section  live  of  the  Act 
hereby  amended,  shall  be  charged  on  either  of  the 
tracks  of  said  corporation  authorized  by  this  Act. 

§ 2.  This  Act  shall  take  effect  immediately. 


CHAPTER  295.  LAWS  OF  1875. 

An  Act  to  amend  chapter  three  hundred  and  sixty- 
one  of  the  Laws  of  eighteen  hundred  and  sixty-three, 
entitled  “An  Act  to  authorize  the  Construction  of  a 
Railway  and  Tracks  in  the  towns  of  West  Farms  and 
Morrisania.” 

Passed  May  13,  1875. 

The  People  of  the  State  of  New  York , represented  in 
Senate  and  Assembly , do  enact  as  follows  : 

Section  1.  Section  eight  of  chapter  three  hundred  and 
sixty-one  of  the  Laws  of  eighteen  hundred  and  sixty- 
three,  entitled,  “ An  Act  to  authorize  the  Construction 
of  a Railway  and  Tracks  in  the  towns  of  West  Farms 
and  Morrisiana,”  is  hereby  amended  so  as  to  read  as 
follows  : 

§ 8.  It  shall  be  lawful,  and  the  corporation  formed 
under  this  Act  is  hereby  authorized,  to  lay  single  or 
double  tracks,  and  use  and  operate  the  same  through 
and  along  St.  Ann’s  avenue  to  its  southern  terminus, 
and  through  and  along  Van  Stoll  street,  otherwise 
known  as  One  hundred  and  thirty-eight  street,  from 


CONSENT  PROP.  OWN.  TO  CON.  OF  ROAD  SO.  OF  H.  b’DGE.  121 

Third  avenue  to  the  Harlem  river  ; and  also  through 
and  along  College  avenue  from  Kingsbridge  road  to  its 
intersection  with  the  road  known  as  Fordham  and  Pel- 
ham avenue,  and  through  and  along  said  last-named 
avenue  to  Pelham  bridge  in  the  town  of  Westchester  ; 
and  also  from  the  present  terminus  of  the  tracks  of  said 
corporation  at  or  near  Locust  avenue,  in  the  late  town 
of  West  Farms,  through  and  along  the  main  road  lead- 
ing in  an  easterly  direction  to  the  point  where  said  main 
road  intersects  the  Westchester  turnpike  in  the  said 
town  of  Westchester. 

But  no  greater  fare  than  five  cents'  per  mile,  or  for 
any  distance  less  than  a mile,  in  addition  to  the  fare 
authorized  by  Section  five  of  the  Act  hereby  amended, 
shall  be  charged  on  either  of  the  tracks  of  said  corpora- 
tion authorized  by  this  Act. 

§ 2.  This  Act  shall  take  effect  immediately. 


Consent  of  Property  Owners  to  Construction  of 
Road  South  of  Haruem  Bridge. 


In  the  Matter 

of 

The  Application  of  the  Harlem 
Bridge,  Morrisania  and  Ford- 
ham  Railway  Company  for 
authority  to  construct  an  exten- 
sion of  its  track  from  tlie  north- 
erly end  of  Harlem  Bridge  to 
and  along  the  Third  Avenue  at 
129th  street  in  the  City  of  New 
York. 


The  undersigned,  owners  of  property  bounded  on  the 
Third  avenue  north  of  129th  street,  and  being  owners  of 


122  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

one-half  in  value  on  that  portion  of  Third  avenue  upon 
which  the  said  extension  of  track  is  proposed  to  be  con- 
structed and  operated,  do  hereby  consent  to  the  said 
construction  and  operation  of  said  track  by  said  com- 
pany, with  suitable  turnouts  and  switches  on  said  Third 
avenue. 

Dated  December,  1878. 

Valuation  on 
Assessment  Roll. 

Third  Avenue  R.  R.  Co.,  N.  Y.,  Saml. 
L.  Phillips,  Presdt.,  for  lots  from  36 
to  40,  inclusive. 

.(  H.  Hart,  for  lots  Ward  No.  No.  33. 
\ William  Remsen,  for  lots  Ward  No. 
I No.  33. 

Henry  McCadden,  Jr.,  for  N.  E.  cor- 
ner of  Third  Avenue  & 130  Street. 
Terrence  McGuire,  Lott  No.  1,  Cor- 
ner 129th  St. 


Consent  of  Local  Authorities  of  the  City  of  New 
York  to  Extension  of  Route  over  Harlem  Bridge 
South  to  129th  Stret. 

Whereas , The  Harlem  Bridge,  Morrisania  and  Ford- 
ham  Railway  Company,  by  resolution  of  their  Board  of 
Directors,  and  by  consent  of  one-half  in  value  of  prop- 
erty owners  on  the  line  of  the  extension  as  required  by 
law,  have  taken  proceedings  for  the  extension  of  the 
tracks  of  their  road  from  the  present  southerly  ter- 
minus thereof  to,  along  and  upon  the  Harlem  Bridge 
and  Third  avenue  to  One  hundred  and  twenty-ninth 
street,  and 

Whereas , The  completion  of  the  Elevated  Railroad 
on  Third  avenue  to  that  point  makes  it  desirable  that 


$167,000. 

$23,000. 

$6,000. 

$10,000. 


CONSENT  LOC.  AUTH.  N. Y.  CITY,  SO.  OF  HAK.  BRIDGE.  12 3 


the  application  of  the  first  named  road  for  authority  to 
extend  its  road  should  be  granted,  and  that  the  facilities 
to  be  offered  for  rapid  transit  over  the  elevated  road 
should  be  enjoyed  by  the  people  of  the  Twenty-third 
and  Twenty-fourth  Wards  ; therefore,  be  it 

Resolved , That  permission  be,  and  the  same  is  hereby, 
granted,  to  the  Harlem  Bridge,  Morrisania  and  Ford- 
ham  Railroad  Company  to  extend  its  tracks  to,  upon 
and  across  the  Harlem  Bridge,  and  on  and  along  Third 
avenue  to  a point  at  or  near  129th  street,  and  to  operate 
said  road  so  extended,  and  to  run  cars  thereon,  with  such 
switches,  turnouts  and  tables  as  may  be  necessary,  pro- 
vided that  said  company  shall  run  cars  from  said  ter- 
minus until  1 a.  m.,  and  shall  not  charge  any  increased 
fares  by  reason  of  such  extension  ; provided  that  the 
said  bridge  be  put  into  good  repair  after  the  laying  of 
said  tracks,  at  the  expense  of  said  company ; and  that 
the  said  company  keep  said  bridge  in  good  repair  be- 
tween the  tracks ; and  that  this  permission  shall  con- 
tinue only  during  the  pleasure  of  the  Common  Council. 

Adopted  by  the  Board  of  Aldermen,  December  17, 
1878. 

Received  from  his  Honor  the  Mayor,  December  20, 
1878,  with  his  objections  thereto. 

In  Board  of  Aldermen,  December  31,  1878,  taken  up 
and  considered,  as  provided  in  Section  13,  Chapter  335, 
Laws  of  1873,  and  adopted,  notwithstanding  the  objec- 
tions of  his  Honor  the  Mayor,  three-fourths  of  all  the 
members  elected  voting  in  favor  thereof. 

(Signed)  F.  J.  Twomey, 

Clerk  C.  C. 


124  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

Permission  of  Department  of  Public  Works  to 
open  Third  Avenue  South  of  Harlem  Bridge. 


Department  of  Public  Works, 
Chief  Engineer’s  Office,  City  Hall, 
New  York,  April  18,  1879. 

The  Harlem  Bridge,  Morrisania  and  Fordliam  Kail- 
way Company,  by  its  agents  and  employees,  under 
resolution  of  the  Common  Council,  passed  December 
81st,  1878,  and  with  consent  of  the  property  owners  on 
both  sides  of  the  avenue,  has  permission  to  open  Third 
Avenue  on  the  East  side,  from  Harlem  Bridge  to  a point 
125  feet  south  of  the  south  house  line  of  180th  Street, 
for  the  purpose  of  laying  the  tracks  of  their  railway. 

They  to  remove  all  surplus  materials  and  restore  the 
street  as  rapidly  as  possible,  relaying  the  pavement  and 
keeping  the  same  in  good  order  for  one  year. 


G.  W.  Birdsall, 

1st  Ass’t  Engineer  Croton  Aqueduct. 


Approved. 


Allan  Campbell, 

In  charge  of  Bureau  Commissioner  of  Public  Works. 


Resolutions,  Permissions  and  Approvals  Depart- 
ment of  Public  Parks  Relative  to  Third  Avenue 
Bridge. 


Department  of  Public  Parks, 

36  Union  Square  (East), 

New  York,  April  16,  1879. 

Fordliam  and  Morrisania  R.  R.  Co. 

At  a meeting  of  the  Board  held  this  day,  the  follow- 
ing Resolution  was  adopted  : 


RESOLUTIONS,  PERMISSIONS  & APPROVALS  OF  D.  P.  P.  125 

Resolved , That  the  Map  and  plan  proposed  by  the 
Harlem  Bridge,  Mcrisania  and  Fordham  Railway  Co. 
for  the  extension  of  its  tracks  from  their  present  ter- 
minus in  Third  Avenue  north  of  Harlem  River,  across 
the  Harlem  Bridge,  to  or  near  One  hundred  and  Thir- 
tieth Street,  be,  and  the  same  are  hereby  approved, 
and  that  permission  is  hereby  granted  to  said  Company 
to  make  said  extension,  to  and  upon  Harlem  Bridge 
in  accordance  with  said  plan,  the  same  to  be  continued 
during  the  pleasure  of  the  Department  of  Public 
Parks,  provided  that  the  said  Railway  Company  lay  an 
additional  covering  of  plank  upon  the  roadway  of  said 
bridge  of  the  full  width  thereof  and  keep  the  same  in 
repair,  and  provided  further  that  said  Company  submit 
their  specification  for  the  work,  to  this  Department  for 
approval. 

Respectfully, 

E.  P.  Barker, 
Secretary  D.  P.  P. 


City  of  New  York, 
Department  of  Public  Parks, 

36  Union  Square  (East), 
May  1,  1879. 

To  the  Fordham  and  Morrisania  R.  R.  Co. 

Gentlemen.— At  a meeting  of  the  Board  governing 
the  Department  of  Public  Parks,  held  on  the  30th 
April  ulto.,  the  specifications  presented  by  you  for  lay- 
ing the  tracks  across  the  Harlem  River  Bridge  at  3d 
Avenue  and  planking  of  said  bridge  were  approved. 

Respectfully, 

E P.  Barker, 

Secretary. 


126  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

Department  of  Public  Parks 

Saturday,  August  14,  1880. 

Commissioner  Lane  offered  the  following  : 

Resolved , That  the  Fordliani  and  Morrisania  Railroad 
Company  be,  and  they  are  hereby  directed  forthwith  to 
put  in  good  repair  the  roadway  of  the  full  width  over 
the  Third  Avenue  Bridge  in  accordance  with  the  privi- 
lege granted  said  Company  by  this  Board  to  cross  said 
Bridge,  the  work  to  be  done  under  the  direction  of  the 
Engineer  of  Construction. 

The  President  put  the  question  whether  the  Board 
would  agree  to  said  resolution,  and  it  was  decided  in 
the  affirmative,  a majority  of  all  the  members  of  the 
Board  voting  in  favor  thereof,  as  follows  : Ayes— Com- 
missioners Wenman,  Conover,  Lane,  Green— 4. 


City  of  New  York, 
Department  of  Public  Parks, 
September  23d,  1880. 

To  the  Fordham  and  Morrisania  R.  R.  Co.  : 

Gentlemen.  — At  a meeting  of  the  Board  governing  the 
Department  of  Public  Parks,  field  on  22d  inst.,  it  was 

Resolved,  That  the  work  directed  to  be  done  by  the 
Fordham  and  Morrisania  Railroad  Company  for  the  re- 
pair of  the  roadway  of  the  full  width  of  the  Third  Ave- 
nue Bridge  under  a resolution  of  this  Department 
passed  August  14th,  1880,  shall  include  new  planking 
to  replace  the  present  two  layers  of  planking,  and  to  be 
of  sufficient  thickness,  and  of  the  best  quality. 

Resolved,  That  for  the  default  of  the  said  Company 
in  complying  with  the  resolution  of  August  14th,  1880, 
aforesaid,  the  license  heretofore  granted  to  said  Com- 


RESOLUTIONS,  PERMISSIONS  & APPROVALS  OF  D.  P.  P.  127 

pany  to  cross  the  Third  Avenue  Bridge  be,  and  the 
same  is  hereby  revoked,  unless  the  said  resolution  of 
the  14th  August,  1880,  and  this  resolution  be  complied 
with,  and  the  work  done  and  performed  within  thirty 
days  from  this  date. 

Respectfully, 

E.  P.  Barker, 

D.  P.  P. 


City  of  New  Yokk, 
Department  of  Public  Parks, 
36  Union  Square, 

October  8,  1880. 

To  the  Morrisania  and  Fordhani  Railway  Co.  : 

Gentlemen. — At  a meeting  of  the  Board  governing 
this  Department,  held  on  the  6th  inst.,  the  following 
preamble  and  resolution  were  adopted  : 

Whereas,  Certain  resolutions  were  passed  by  the 
Board  on  the  14th  day  of  August,  1880,  and  on  the  22d 
day  of  September,  1880,  relative  to  the  planking  of  the 
entire  roadway  of  the  Third  Avenue  Bridge,  by  the 
Harlem  Bridge,  Morrisania  and  Fordhani  Railway  Com- 
pany ; 

Resolved,  That  on  condition  that  the  said  Company 
replace  and  relay  with  new  plank  the  three  courses  of 
plank  on  the  floor  of  the  bridge,  the  time  to  complete 
the  work  is  extended  to  the  15th  November,  1880. 

The  resolutions  above  cited  to  remain  in  full  force 
and  effect,  except  as  they  are  hereby  modified,  and  the 
work  to  be  done  under  the  supervision  of  the  Engineer 
of  Construction  of  the  Department. 

Respectfully, 

E.  P.  Barker, 

Secretary  D.  P.  P. 


128  HARLEM  BRIDGE,  MOK.  AND  FORD.  RAILWAY  CO. 

City  of  New  York, 
Department  of  Public  Parks, 
86  Union  Square, 

November  4,  1880. 

To  the  Harlem  Bridge,  Morrisania  and  Ford  ham  Rail- 
way Co!  : 

Gentlemen. — At  a meetingof  the  Board  governing  the 
Department  of  Public  Parks,  held  on  Bdinst.,  it  was 

Resolved , That  the  action  of  the  Board  relative  to  the 
Harlem  Bridge,  Morrisania  and  Fordham  Railway  Com- 
pany, had  August  14,  1880,  and  September  22,  1*880,  be 
rescinded,  and  that  said  Company  be  directed  to  repair 
the  Bridge  forthwith  in  accordance  with  the  resolution 
of  the  Board  adopted  April  16,  1879. 

Respectfully, 

E.  P.  Barker, 

Secretary  D.  P.  P. 


City  of  New  York, 
Department  of  Public  Parks, 
36  Union  Square, 

December  24,  1880. 

To  the  Harlem  Bridge,  Morrisania  and  Fordham  Rail- 
way Co.  : 

Gentlemen. — At  a meeting  of  the  Board  governing  the 
Department  of  Public  Parks,  held  on  23d  inst.,  it  was 

Resolved , That  the  Engineer  of  Construction  be 
directed  to  enforce  the  terms  of  the  agreement  with  the 
Fordham  and  Morrisania  Railroad  Company  relative  to 
repairs  to  the  Third  Avenue  Bridge,  and  that  the  re- 
pairs be  made  without  further  delay. 

Respectfully, 

E.  P.  Barker, 

Secretary  D.  P.  P. 


APPROVAL  R.  R.  COMMISSIONERS,  INCREASE  OF  STOCK.  129 

Approval  of  Board  of  Railroad  Commissioners  to 
Increase  of  Stock. 

BOARD  OP  RAILROAD  COMMISSIONERS 
OF  the 

State  of  New  York. 

r- 

Albany,  Sept.  28,  1884. 

Present— Com.  John  D.  Kernan. 

Com.  William  E:  Rogers. 

Com.  John  O'Donnell. 


In  the  Matter 

of 

The  Application  of  the  Harlem 
Bridge,  Morrisania  and 
Fordham  Railroad  Company, 
for  the  approval  of  the  Board  of 
an  increase  of  its  capital  stock 
from  $800,000  fro  $850,000. 

: j 

The  preliminary  steps  required  by  statute  have,  in 
this  matter,  been  duly  taken  and  the  proceedings  duly 
certified  to  the  Board.  The  accountant  of  the  Board, 
pursuant  to  resolution  of  the  Board  adopted  June  24, 
1884,  has  investigated  the  books  of  the  company,  and 
has  made  a report  to  the  Board  showing  the  cost  of  road 
and  equipment  and  the  amount  of  stock  and  bonds  is- 
sued and  outstanding. 

After  eliminating  therefrom  items  for  which  no  power 
voucher  is  produced,  such  as  u W.  Cauldwell  as  per 


130  HARLEM  BRIDGrE,  MOR.  AND  FORD.  RAILWAY  CO. 

order  of  Board  of  Directors,  $685,  and  interest  on  bonds 
after  the  road  went  into  operation,  $8,356,90,”  the  cost 
of  road  and  equipment,  including-  real  estate  and  build- 
ings. stands  at  $385,135.65. 

Stock  and  bonds  issued  and  outstanding  stock  $300,000 
Bonds,  including  mortgage  on  real  estate  ....  80,000 

Total  stock  and  bonds $380,000 

Three  hundred  thousand  dollars  of  stock  was  issued 
for  $144,010  in  monny,  and  the  balance  $155,990,  was 
for  ‘‘estimated  value  of  franchise.” 

The  Board  would  not  be  disposed  to  approve  of  an  in- 
crease of  stock  so  long  as  stockholders  held  $300,000  of 
stock  to  represent  but  $144, olO  paid  in  and  expended. 

Further  examination,  however,  developed  an  explana- 
tion which  in  the  present  condition  of  the  law  must  be 


deemed  satisfactory. 

Construction  and  equipment  cost  in  cash.  $385,135  65 

Cash  receipts  from  $300,000  stock $144,010  00 

Cash  receipts  from  $67,000  bonds 67,000  00 

Cash  receipts  from  $13,000  bond  and  mort- 
gage   13,000  00 

Cash  receipts  from  earnings  161,125  65 


$385,135  65 

The  stockholders  were  entitled  to  the  above  surplus 
from  operation,  to  wit,  $161,125.65  as  dividends.  By 
permitting  this  $161,125.65  of  earnings  to  go  into  con- 
struction they  have  overpaid  the  $155,990  of  original 
deficiency  which  they  ought  to  have  paid  for  the 
stock. 

Had  the  stock  been  paid  for  at  par  and  the  earnings 
divided,  the  stockholders  would  to-day  have  $5,135.65, 
besides  their  full  paid  stock  for  $300,000.  The  permit- 
ting earnings  to  thus  go  toward  construction  is  per- 
missible by  law  in  this  State  and  can  only  be  forbidden 
by  a change  in  existing  laws. 

The  $50,000  increase  of  stock  asked  for  is  to  be  di- 


PERMISSION-  OF  D.  P.  P.  TO  OPEN  LINCOLN  A YE.  131 


vided  pro  rata  among  the  present  stockholders  and 
paid  for  at  par,  the  proceeds  to  be  used  in  extending 
the  line  through  One  Hundred  and  Thirty-eighth  street, 
from  a point  where  the  Madison  avenue  bridge,  now 
nearly  completed,  across  the  Harlem  river  eastward  to 
the  East  river,  a distance  of  about  one  and  one-quarter 
miles  Should  the  entire  amount  of  $50,000  not  be  used 
in  constructing  and  equipping  the  proposed  extension, 
it  is  the  purpose  of  the  company  to  appropriate  any 
balance  remaining  towards  retiring  the  $67,000  mortgage 
bonds  outstanding. 

These  are  proper  and  sufficient  reasons  for  the  in- 
crease of  stock  proposed.  The  Board  accordingly 
hereby  approves  of  the  increase  of  the  capital  stock  of 
the  Harlem  Bridge,  Morrisania  and  Fordham  Railroad 
Company  from  $300,000  to  $350,000. 

By  the  Board, 

[seal.]  William  C.  Hudson, 

Secretary. 


Permission  of  Department  of  Public  Parks  to 
open  Lixcoln  Avenue. 

Department  of  Public  Parks. 

Office  of  Engineer  of  Construction, 
Arsenal  Building,  Central  Park. 

The  Harlem  Bridge,  Morrisania  and  Fordham  Rail- 
way Company,  its  Agents  and  employees  in  conformity 
with  the  laws  and  ordinances  relating  thereto,  are 
hereby  given  permission  to  open  the  following  named 
street  and  avenue,  along  the  route  hereafter  mentioned, 
for  the  purpose  of  laying  a double  track  horse  railroad, 
also  to  construct  such  switches,  sidings,  turnouts,  turn- 
tables and  suitable  stands  thereon  as  provided  by  the 
franchise  of  said  company,  and  as  may  be  necessary  for 


132  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

the  convenient  working  of  such  road  subject  to  the  fol- 
lowing conditions. 

1st.  The  route  or  streets  or  avenues  which  may  be 
opened  for  the  construction  of  said  railroad  are  to  wit  : 
Commencing  at  the  present  tracks  of  the  Harlem  Bridge, 
Morrisania  and  Fordham  Railway  in  North  Third  Ave- 
nue, at  or  near  its  intersection  with  the  Southern 
Boulevard  (133d  Street),  with  the  necessary  curves  and 
switches  both  from  the  North  and  South  ; thence  in, 
through  and  along  the  center  of  the  Southern  Boule- 
vard, with  double  tracks  easterly  to  Lincoln  avenue  ; 
thence,  with  such  curve  as  may  be  necessary  to  con- 
tinue the  said  tracks  from  the  center  of  the  Southern 
Boulevard  to  the  center  of  Lincoln  Avenue  ; thence  in, 
through  and  along  the  center  line  of  Lincoln  Ave- 
nue, northerly  to  the  present  tracks  of  said  Harlem 
Bridge,  Morrisania  and  Fordham  Railway  in  North 
Third  Avenue,  at  or  near  the  intersection  of  said  Lincoln 
Avenue  with  East  138th  Street,  and  also  for  such  neces- 
sary curves  and  switches  as  may  be  necessary  to  make 
connection  with  the  present  tracks. 

2nd.  The  said  Harlem  Bridge,  Morrisania  and  Ford- 
ham Railway  Company  shall  be  subject  to  the  follow- 
ing conditions  and  restrictions  set  forth  and  mentioned 
in  this  permit,  and  also  subject  to  such  special  condi- 
tions.and  restrictions  as  the  Commissioners  of  the  De- 
partment of  Public  Parks  may  from  time  to  time  deem 
proper  or  necessary  to  impose. 

The  Commissioners  of  the  Department  of  Public 
Parks  reserve  the  right  to  revoke  this  permit  in  case  of 
anv  violations  of  its  terms  or  conditions. 

3rd.  The  center  of  the  tracks  in  the  Southern  Boule- 
vard and  Lincoln  Avenue  shall  be  four  feet  ten  and  one- 
quarter  inches  (4'  10  1/4")  distant  from  the  center  lines 
of  said  Boulevard  and  Avenue  except  at  the  curve  con- 
necting with  the  present  tracks  at  either  end,  and  the 
curve  from  the  Boulevard  to  Lincoln  Avenue. 


PERMISSION  OF  D.  P.  P.  TO  OPEN  LINCOLN  AYE.  138 


4th.  The  construction  and  operation  of  said  railway  to 
be  subject  to  the  terms  and  conditions  of  the  charter  of 
the  said  company  and  also  to  the  terms  and  conditions 
of  Chapter  892  of  the  Laws  of  1867,  and  Chapter  658  of 
1871,  and  to  the  Laws  and  Ordinances  of  the  city. 

5th.  The  tracks  shall  be  laid  on  the  lines  and  grades 
approved  by  the  Commissioners  of  the  Department  of 
Public  Parks,  and  shall  not  be  raised  or  lowered  without 
their  consent  or  approval. 

6th.  The  Commissioners  of  the  Department  of  Public 
Parks  will  designate  an  Engineer  who  shall  attend  the 
giving  of  lines  and  grades  for  the  construction  of  said 
railway. 

The  compensation  of  said  Engineer  and  Assistants 
must  be  paid  by  said  company,  but  will  be  determined 
and  regulated  by  the  Commissioners  of  the  Department 
of  Public  Parks 

7th.  The  said  company  shall  replace  the  pavement  in 
a thorough,  substantial  and  workmanlike  manner  in  ac- 
cordance with  the  specifications  in  use  by  the  Depart- 
ment of  Public  Parks  for  laying  new  pavements,  and  to 
be  renewed  at  such  times  and  places  as  maybe  required 
by  the  Commissioners  of  the  Department  of  Public 
Parks,  immediately  upon  notice  being  given  to  said 
company  by  said  Commissioners. 

The  said  company  shall  maintain  the  streets  and  ave- 
nues between  and  about  their  tracks  for  at  least  one 
year,  and  also  as  stipulated  in  the  various  franchise 
laws  and  ordinances  affecting  said  company  and  the  city 
of  New  York. 

8th.  In  the  relaying  of  the  pavements  the  said  Rail- 
way Company  shall  furnish  and  provide  at  its  own  cost 
and  expense  whatever  new  material  may  be  required. 

9th.  If  there  should  be  any  rut,  lump  or  sunken  place 
in  the  adjacent  pavement,  the  pavement  shall  be  relaid 
over  such  places  to  whatever  distance  from  the  rail  of 


134  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

said  company  it  may  be  necessary,  so  as  to  avoid  any 
abrupt  slopes,  ridges  or  uneven  pavement. 

10th.  The  construction  of  said  railway  shall  be  so 
prosecuted  as  to  cause  as  little  inconvenience  to  public 
travel  as  practicable,  and  subject  to  such  rules  and  regu- 
lations as  the  Commissioners  of  the  Departmentof  Public 
Parks  shall  impose. 

The  said  company  shall  remove  all  surplus  material 
as  directed  and  restore  the  streets,  roadways  and  ave- 
nues as  rapidly  as  possible. 

11th.  Along  that  portion  of  the  route,  in  and  along 
the  Southern  Boulevard  between  the  easterly  crosswalk 
of  North  Third  Avenue  and  the  southerly  crosswalk  of 
Lincoln  Avenue,  which  is  unpaved  and  the  center  of 
which  has  been  macadamized,  the  space  between  the 
rails  of  each  track,  and  between  the  tracks  and  outside 
and  adjoining  the  outer  rails  for  a space  of  two  (2)  feet 
wide,  shall  be  paved  with  trap  block  pavement  of  such 
specifications  and  in  such  manner  as  shall  be  directed 
by  the  Commissioners  of  the  Department  of  Public 
Parks. 

As  soon  as  the  laying  of  the  tracks  upon  the  portion 
of  the  route,  as  above  specified  in  this  section,  the  pav- 
ing shall  be  at  once  commenced  and  vigorously  prose- 
cuted to  its  completion,  the  carriageway  exterior  to  the 
pavement  and  to  the  curb  line  on  each  side  to  be 
property  shaped  and  all  rubbish,  stone,  surplus  mate- 
rial, &c.,  shall  beat  once  removed,  so  as  to  obstruct  the 
public  travel  as  little  as  possible,  and  the  whole  work 
to  be  prosecuted  with  such  expedition  and  in  such  man- 
ner as  shall  be  to  the  satisfaction  of  the  said  Commis- 
sioners of  the  Department  of  Public  Parks. 

12tli.  The  regulations  in  regard  to  repavement  shall 
apply,  as  far  as  practicable,  in  the  case  of  switches,  sid- 
ings, turnouts,  turntables  or  stands,  but  no  switch,  sid- 
ing, turnout,  turntable  or  stand  shall  be  placed  until  the 
location  and  form  of  construction  have  been  approved 


PERMISSION  OF  D.  P.  P.  TO  OPEN  LINCOLN  AVE.  135 


by  the  Commissioners  of  the  Department  of  Public 
Parks. 

13th.  All  the  work  from  the  time  the  excavation  is 
commenced  to  the  time  the  pavement  is  laid  or  relaid  is 
to  be  under  the  supervision  of  Inspectors  who  shall  be 
appointed  by  and  receive  their  instructions  from  the 
Commissioners  of  the  Department  of  Public  Parks,  and 
whose  salary  shall  be  paid  by  said  company. 

14th.  Approaches  shall  be  constructed  in  such  manner 
and  of  such  material  and  at  such  places  as  may  be  re- 
quired to  relieve  and  facilitate  public  travel  and  business 
along  the  line. 

15th.  If  any  contractor,  foreman,  mechanic  or  la- 
borer is  insolent  or  negligent  in  carrying  out  any  in- 
structions given  by  any  properly  authorized  representa- 
tive of  the  Department  of  Public  Parks  he  shall  be 
forthwith  discharged  and  not  re-employed  on  the  work 
without  the  consent  of  the  Commissioners  of  the  De- 
partment of  Public  Parks. 

16th.  All  surplus  paving  stones  or  other  material 
which  is  the  property  of  the  City  must  be  delivered  by 
said  company  at  such  places  as  may  be  designated  by 
the  Commissioners  of  the  Department  of  Public  Parks  ; 
the  cost  of  transporting  such  stone  or  material  shall  be 
borne  by  said  company. 

17th.  The  said  railway  company  shall  place  sufficient 
and  proper  guards  for  the  prevention  of  accidents,  and 
shall  put  up  and  keep  at  night  suitable  and  sufficient 
lights,  and  they  shall  indemnify  and  save  harmless  the 
City  of  New  York,  its  officers,  agents  and  servants, 
againstand  from  all  damages,  costs  and  expenses  which 
they  may  suffer,  or  to  which  they  may  be  put  by  reason 
of  injury  of  person  or  property  of  another  resulting  from 
carelessness  or  negligence  on  the  part  of  said  company. 

The  work  shall  be  carried  on  at  such  places,  and  for 
such  distances  as  the  Commissioners  of  the  Department 


136  HAUL  EM  BRIDGE,  MOR.  AND  Fv)KD.  RAILWAY  CO. 

of  Public  Parks  or  their  representative  shall  from  time 
to  time  designate. 

18th.  A notice  or  order  given  to  any  contractor  or 
foreman  in  charge  of  any  work  shall  be  considered  a 
notice  to  the  company. 

19th.  Whenever  in  consequence  of  any  process  of  law 
or  other  unexpected  obstacle  the  work  of  constructing 
said  railway  shall  be  stopped  for  so  long  a time  that 
the  public  travel  shall  be  obstructed,  the  street  or  ave- 
nue shall  be  refilled  and  repaved  as  if  the  work  contem- 
plated in  this  permit  were  actually  completed. 

20th.  If  the  said  company,  its  contractors  or  agents 
shall  refuse  or  neglect  to  carry  out  any  of  the  provi- 
sions or  requirements  of  this  permit  the  Commissioners 
of  the  Department  of  Public  Parks  shall  have  the  light 
and  power  to  do  the  same  at  the  expense  and  cost  of 
said  company. 

21st.  The  said  company  must  give  48  hours'  notice  in 
writing  to  the  Engineer  of  Construction  in  the  employ 
of  the  Department  of  Public  Parks  of  their  intention  to 
commence  work  at  any  point,  and  must  not  disturb  the 
pavement,  commence  work  or  deposit  material  any- 
where until  the  Inspector  is  on  the  ground  to  give  the 
necessary  instructions. 


Agreement  with  the  New  York,  New  Haven  and 
Hartford  Railroad  Company,  as  to  Crossing, 
138th  Street. 

Whereas,  The  Harlem  Bridge,  Morrisania  & Ford- 
liam  Railway  Company  is  building  a branch  line 
through  138th  street,  from  North  Third  Avenue  to  Port 
Morris  crossing,  the  Harlem  River  Branch  of  The  New 
York,  New  Haven  and  Hartford  Railroad  Company. 


AGREEMENT  WITH  N.  Y.,  N.  H.  & H.  R.  R.  CO.  138TH  ST.  137 

Now,  said  New  York,  New  Haven  and  Hartford  Rail- 
road Company  hereby  permits  said  Harlem  Bridge, 
Morrisania  and  Fordham  Railway  Company  to  lay  its 
tracks  across  the  roadway  of  said  Harlem  River  Branch 
under  the  supervision  of  said  New  York,  New  Haven 
and  Hartford  Railroad  Company’s  Road  master,  but  at 
the  expense  of  said  Harlem  Bridge,  Morrisania  and 
Fordham  Railway  Company  and  in  such  a way  as  not 
to  interfere  in  any  way  with  said  New  York,  New  Haven 
and  Hartford  Railroad  Company’s  use  of  its  tracks. 

In  consideration  whereof  said  Harlem  Bridge, 
Morrisania  and  Fordham  Railway  Company  agrees  to 
pay  to  said  New  York,  New  Haven  and  Hartford  Rail- 
road Company  the  cost  of  replacing,  from  time  to  time, 
any  and  all  rails  of  the  New  York,  New  Haven  and 
Hartford  Railroad  Company’s  tracks  that  may  hereafter 
become  so  worn  or  injured,  as  in  the  judgment  of  the 
New  York,  New  Haven  and  Hartford  Railroad  Com- 
pany, to  require  renewal  by  reason  of  the  passage  of 
said  Harlem  Bridge,  Morrisania  and  Fordham  Railway 
Company’s  horse  cars  over  said  Harlem  River  Branch 
tracks  ; and  shall  also  replace  all  planking  between  the 
rails  of  said  Harlem  Bridge,  Morrisania  and  Fordham 
Railway  Company’s  horse  railroad  at  such  crossing  as 
from  time  to  time  the  same  shall,  in  the  judgment  of 
said  New  York,  New  Haven  and  Hartford  Railroad  Com- 
pany or  the  city  authorities,  require  to  be  so  replaced. 

The  New  York,  New  Haven  and  Hartford 
Railroad  Company, 

By 

Edward  M.  Reed,  Vice  Pres’t. 

June  6,  1885. 

The  Harlem  Bridge,  Morrisania  & Fordham 
Railway  Company, 

By 

Henry  Spratley, 

President. 


138  HARLEM  BRIDGE,  MOR  AND  FORD.  RAILWAY  CO 

Permission  of  Department  of  Public  Parks  to 
open  Westchester  Avenue. 

The  Harlem  Bridge,  Morrisania  and  Fordham 
Railway  Company,  its  agents  and  employees  in  con- 
formity with  the  Laws  and  Ordinances  relating  thereto, 
are  hereby  given  permission  to  open  the  following 
named  street  and  avenue,  along  the  route  hereafter  men- 
tioned, for  the  purpose  of  laying  a double  track  horse 
railroad,  also  to  construct  such  switches,  sidings,  turn- 
outs, turntables  and  suitable  stands  thereon  as  provided 
by  the  franchise  of  said  company,  and  as  may  be  neces 
sary  for  the  convenient  working  of  such  road  subject 
to  the  following  conditions  : 

1st.  The  route  or  streets  or  avenues  which  may  be 
opened  for  the  construction  of  said  railroad  are  to  wit : 
commencing  at  the  present  tracks  of  the  Harlem  Bridge, 
Morrisania  and  Fordham  Railway  in  North  Third  Ave- 
nue at  or  near  its  intersection  with  Westchester  Avenue 
with  the  necessary  curves  and  switches  both  from  the 
North  and  South  thence  in,  through  and  along  the  cen- 
ter of  Westchester  Avenue  with  double  tracks  easterly 
to  Prospect  Avenue. 

2nd.  The  said  Harlem  Bridge,  Morrisania  and  Ford- 
ham Railway  Company  shall  be  subject  to  the  following 
conditions  and  restrictions  set  forth  and  mentioned  in 
this  permit,  and  also  subject  to  such  special  conditions 
and  restrictions  as  the  Commissioners  of  the  Depart- 
ment of  Public  Parks  may  from  time  to  time  deem 
proper  or  necessary  to  impose. 

The  Commissioners  of  the  Department  of  Public  Parks 
reserve  the  right  to  revoke  this  permit  in  case  of  any 
violation  of  its  terms  or  conditions. 

3rd.  The  center  of  the  tracks  in  Westchester  Avenue 
shall  be  four  (4)  feet  ten  and  one  quarter  (10  1/4)  inches 
distant  from  the  center  line. 


PERMISSION  OE  D.  P.  P.  TO  OPEN  WESTCHESTER  AYE.  189 


4th.  The  construction  and  operation  of  said  railway 
to  be  subject  to  the  terms  and  conditions  of  the  Charter 
of  the  said  Company  and  also  to  Chapter  892  Laws  of 
1867,  Chapter  658  Laws  of  1871,  and  Chapter  517  Laws 
of  1878,  and  to  the  Laws  and  Qrdinances  of  the  City. 
The  form  of  rail  to  be  used  to  be  approved  by  the  Park 
Commissioners 

5th.  'Pile  tracks  shall  be  laid  on  the  lines  and  grades, 
approved  by  the  Commissioners  of  the  Department  of 
Public  Parks  and  shall  not  be  raised  or  lowered  with- 
out their  consent  or  approval. 

6th.  The  Commissioners  of  the  Department  of  Public 
Parks  will  designate  an  Engineer  who  shall  attend  the 
giving  of  lines  and  grades  for  the  construction  of  said 
railway. 

The  compensation  of  said  Engineer  and  Assistants 
must  be  paid  by  said  Company,  but  will  be  determined 
and  regulated  by  the  Commissioners  of  the  Department 
of  Public  Parks. 

7th.  The  said  Company  shall  replace  the  pavement  in 
a thorough,  substantial  and  workmanlike  manner  in  ac- 
cordance with  the  specifications  in  use  by  the  Depart- 
ment of  Public  Parks  for  laying  new  pavements,  and  to 
be  renewed  at  such  times  and  places  as  may  be  required 
by  the  Commissioners  of  the  Department  of  Public 
Parks,  immediately  upon  notice  being  given  to  said 
company  by  said  Commissioners. 

The  said  company  shall  at  all  times  maintain  the 
streets  and  avenues  between  and  about  their  tracks  for 
at  least  one  year  and  also  as  stipulated  in  the  various 
Franchise  Laws  and  Ordinances  affecting  said  company 
and  the  City  of  New  York. 

8th.  In  the  relaying  of  the  pavements,  the  said  com- 
pany shall  furnish  and  provide  at  its  own  cost  and  ex- 
pense whatever  new  material  may  be  required. 


140  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

9th.  If  there  should  be  any  rut,  lump  or  sunken 
place  in  the  adjacent  pavement,  the  pavement  shall  be 
relaid  over  such  places,  to  whatever  distance  from  the 
rail  of  said  company  it  may  be  necessary,  so  as  to  avoid 
any  abrupt  slopes,  ridges  or  uneven  pavement. 

10th.  The  construction  of  said  railway  shall  be  so 
prosecuted  as  to  cause  as  little  inconvenience  to  public 
I ravel  as  practicable,  and  subject  to  such  rules  and 
regulations  as  the  Commissioners  of  the  Department  of 
Public  Parks  shall  impose. 

The  said  company  shall  remove  all  surplus  material 
as  directed,  and  restore  the  streets,  roadways  and  ave- 
nues as  rapidly  as  possible. 

11th.  Along  that  portion  of  the  route  which  is  un- 
paved the  space  between  the  rails  of  each  track  and  be- 
tween the  tracks  and  outside  and  adjoining  the  outer 
rails  for  a space  of  two  (2)  feet  wide  shall  be  paved  with 
trap-block  pavement  of  such  specifications  and  in  such 
manner  as  shall  be  directed  by  the  Commissioners  of 
the  Department  of  Public  Parks. 

12th.  The  regulations  in  regard  to  repavement  shall 
apply  as  far  as  practicable  in  the  case  of  switches,  sid- 
ings, turnouts  and  turntables  or  stands,  but  no  switch, 
siding,  turnout  turntable  or  stand  shall  be  placed  until 
the  location  and  form  of  construction  have  been  ap- 
proved by  the  Commissioners  of  the  Department  of 
Public  Parks. 

13th.  All  the  work  from  the  time  the  excavation  is 
commenced  to  the  time  the  pavement  is  laid  or  relaid  is 
to  be  under  the  supervision  of  Inspectors  who  shall  be 
appointed  by  and  receive  their  instructions  from  the 
Commissioners  of  the  Department  of  Public  Parks,  and 
whose  salary  shall  be  paid  by  said  company. 

14th.  Approaches  shall  be  constructed  in  such  man- 
ner and  of  such  material  and  at  such  places  as  may  be 
required  to  relieve  and  facilitate  public  travel  and  busi- 
ness along  the  line. 


PERMISSION  OF  D.  P.  P.  TO  OPEN  WESTCHESTER  AYE.  141 


15th.  If  any  contractor,  foreman,  mechanic  or  laborer 
is  insolent  or  negligent  in  carrying  ont  any  instruction 
given  by  any  properly  authorized  representative  of  the 
Department  of  Public  Parks,  lie  shall  be  forthwith  dis- 
charged and  not  re-employed  on  the  work  without  the 
consent  of  the  Commissioners  of  the  Department  of 
Public  Parks. 

16th.  All  surplus  paving  stones  or  other  material 
which  is  the  property  of  the  City  must  be  delivered  by 
said  Company  at  such  places  as  may  be  designated  by 
the  Commissioners  of  the  Department  of  Public  Parks, 
the  cost  of  transporting  such  stone  or  material  shall  be 
borne  by  said  company. 

17th.  The  said  railway  company  shall  place  sufficient 
and  proper  guards  for  ihe  prevention  of  accidents,  and 
shall  put  up  and  keep  at  night  suitable  and  sufficient 
lights,  and  they  shall  indemnify  and  save  harmless  the 
City  of  New  York,  its  officers,  agents  and  servants 
against  and  from  all  damages,  costs  and  expenses  which 
they  may  suffer  or  to  which  they  may  be  put  by  reason 
of  injury  of  person  or  property  of  another  resulting  from 
carelessness  or  negligence  on  the  part  of  said  Company. 

The  work  shall  be  carried  on  at  such  places  and  for 
such  distances  as  the  Commissioners  of  the  Department 
of  Public  Parks  or  their  representatives  shall  from  time 
to  time  designate. 

18th.  A notice  or  order  given  to  any  contractor  or 
foreman  in  charge  of  any  work  shall  be  considered  a 
notice  to  the  Company. 

19th.  Whenever  in  consequence  of  any  process  of  law, 
or  other  unexpected  obstacle  the  work  of  constructing 
said  railway  shall  be  stopped  for  so  long  a time  that 
the  public  travel  shall  be  obstructed,  the  street  or  ave 
nue  shall  be  refilled  and  repaved  as  if  the  work  contetn 
plated  in  this  permit  were  actually  completed. 

20th.  If  the  said  company  its  contractors  or  agents 


/ 


142  HARLEM  BRIDGE,  MOIL  AND  FORD.  RAILWAY  CO. 

shall  refuse  or  neglect  to  carry  out  any  of  the  pro 
visions  or  requirements  of  this  permit,  the  Commission- 
ers of  the  Department  of  Public  Parks  shall  have  the 
right  and  power  to  do  the  same  at  the  expense  and  cost 
of  said  company. 

21st  The  said  company  must  give  48  hours  notice  in 
writing  to  the  Engineer  of  Construction  in  the  employ 
of  the  Department  of  Public  Parks  of  their  intention  to 
commence  work  at  any  point,  and  must  not  disturb  the 
pavement,  commence  work,  or  deposit,  material  any- 
where until  the  Inspector  is  on  the  ground  to  give  the 
necessary  instructions. 

22nd.  No  material  shall  be  delivered  or  work  done  to- 
wards the  laying  of  the  tracks  by  the  said  railroad  com- 
pany upon  the  said  Westchester  Avenue  until  the  work 
embraced  in  the  contract,  For  Regulating,  Grading 
Setting  Curb-stones,  Flagging  the  sidewalks  four  feet 
wide,  and  laying  crosswalks  in  Westchester  Avenue, 
from  the  easterly  crosswalk  of  North  Third  Avenue  to 
the  easterly  curb-line  of  Prospect  Avenue  which  is  now 
in  progress,  has  been  fully  completed  by  the  contractor 
and  the  work  accepted  by  the  Commissioners  of  the  De- 
partment of  Public  Parks,  nor  shall  any  impediment  or 
interference  whatever  be  placed  in  the  way  of  the  Con- 
tractor until  his  work  has  been  completed  and  accepted 
as  above  stated. 

Nevertheless,  should  the  said  railroad  company  deem 
it  to  their  interest  to  prosecute  the  construction  of  their 
railroad  tracks  in  and  along  said  Westchester  Avenue 
previous  to  the  acceptance  of  the  before  mentioned 
work  by  said  Commissioners,  they  may  enter  into  an 
agreement  with  said  Contractor  in  reference  thereto  ; 
providing  that  all  demands,  claims  or  damages  of  what- 
ever name  or  nature  against  the  City  of  New  York  the 
Commissioners  of  the  Department  of  Public  Parks, 
their  agents  or  servants,  by  reason  of  the  construction 
of  said  railroad  tracks  or  interference  with  the  comple- 


PERMIT  BOARD  ELEC.  CONTROL,  OVERHEAD  WIRES.  143 

tion  of  the  aforesaid  work  under  his  contract,  and  also 
the  damages  for  default  of  the  Contractor  in  completing 
his  work  in  the  time  stipulated  in  his  contract  shall  be 
paid  to  the  aforesaid  Contractor  by  the  said  railroad 
company  ; and  provided  also,  that  a copy  of  said  agree- 
ment executed  by  the  said  Contractor  and  the  railroad 
company  together  with  a release  in  full  of  all  such 
claims,  demands  and  damages  of  whatsoever  name 
or  nature  against  the  Mayor  or  Aldermen  and 
Commonalty  of  the  City  of  New  York  the  Commission- 
ers of  the  Department  of  Public  Parks  or  their  Agents, 
shall  be  tiled  with  the  Commissioners  of  the  Depart- 
ment of  Public  P irks  in  the  office  of  the  said  Commis- 
sioners previous  to  the  commencement  of  the  construc- 
tion of  said  tracks  on  the  said  Westchester  Avenue. 


Permit  of  Board  of  Electrical  Control  for  Over- 
head Wires 

Office  of 

The  Board  of  Electrical  Control, 

1266  Broadway. 

The  Mayor  of  the  City,  President, ) 

(ex-officio)  ! ~ . . 

Theo.  Moss,  Secretary'  \ Commissioners. 

Jacob  Hess,  J 

New  York,  January  26,  1891. 
Hon.  Waldo  Hutchins, 

Att’y  for  Harlem  Bridge,  Morrisania,  & Fordham 
R’way  Co. 

Sir. — At  a regular  meeting  of  the  Board  of  Electrical 
Control  in  and  for  the  City  of  New  York  held  at  the 
office  of  the  Mayor  of  said  city  on  Friday,  January  23d, 
1891,  preambles  and  resolutions  of  which  the  following 
are  copies  were  adopted  : 


144  HARLEM  BRIDGE,  MOR  AND  FORD.  RAILWAY  CO, 

“ Whereas,  the  Harlem  Bridge,  Morrisnnia  and 
Fordham  Railway7  Company  has  applied  to  this  Board 
for  permission  to  erect  and  maintain  poles  and  wires  for 
tire  purpose  of  enabling  the  said  Railway  Company  to 
construct  and  operate  its  several  lines  of  railway  by  the 
Overhead  Single  Trolley  Electric  Railway  System 
through  the  following  streets  and  avenues  in  the  City  of 
New  York  : Third  Avenue  from  a point  at  or  near  East 
129th  street  over  and  across  the  Harlem  River  to  North 
Third  Avenue  ; thence  on  through  and  along  North 
Third  Avenue  to  Fordham  Avenue  ; thence  on  through 
and  along  Fordham  Avenue  and  Kingsbridge  Road  to 
Pelham  Avenue  ; also  on  through  and  along  Boston 
Avenue  or  Post  Road  from  the  intersection  of  Boston 
Avenue  and  North  Third  Avenue  to  West  Farms  ; 
thence  on  through  and  along  Westchester  or  Tremont 
Avenue  to  the  Bronx  River  ; also  on  through  and  along 
Westchester  Avenue  from  the  intersection#  of  West- 
chester Avenue  and  North  Third  Avenue  to  the  Bronx 
River  ; also  on  through  and  along  East  138th  street 
from  Harlem  River  to  Long  Island  Sound  ; also  on 
through  and  along  East  133d  street  (or  Southern  Boule- 
vard) from  its  junction  with  Third  Avenue  to  Lincoln 
Avenue  ; thence  on  through  and  along  Lincoln  Avenue 
from  the  intersection  of  Lincoln  Avenue  with  East  133d 
street  to  the  intersection  of  North  Third  Avenue  and 
Lincoln  Avenue  at  or  near  East  138th  street. 

“ And  whereas,  due  inquiry  has  been  made  by  this 
Board  and  due  hearing  of  all  parties  interested  had  for 
the  purpose  of  determining  the  advisability  of  granting 
such  permission  ; and 

“ Whereas,  this  Board  finds  that  such  proposed 
change  of  motive  power  by  said  Railway  Company 
would  be  a great  improvement  upon  its  present  motive 
power  and  would  be  of  great  benefit  to  the  property 


PERMIT  BOARD  ELEC.  CONTROL,  OVERHEAD  WIRES.  145 

owners  in  I lie  Annexed  District  and  of  great  conven- 
ience to  the  travelling  public, 

“ Resolved,  that  permission  be  and  it  is  hereby  given 
to  said  Harlem  Bridge,  Morrisania  and  Ford  ham  Rail- 
way Company,  its  successors  or  assigns,  for  the  purpose 
of  operating  its  said  railway  by  the  Single  Trolley  Elec- 
tric Railway  System,  to  'erect,  place  and  maintain  poles 
and  wires  in  the  streets,  avenues  and  highways  in  which 
its  tracks  now  are  or  may  hereafter  be  lawfully  con- 
structed, such  as  shall  be  necessary  and  proper  for  the 
operation  of  its  said  railway  by  the  said  system.  The 
placing  and  erection  of  such  necessary  poles  and  wires 
along  the  streets,  avenues  and  highways  on  either  or 
both  sides  of  the  railroad  track  or  tracks  of  the  said 
railroad  company  shall  be  done  under  the  direction  and 
determination  of  the  Engineer  and  the  Electrical  Expert 
of  this  Board,  and  the  said  poles  and  wires  shall  be  set 
in  such  places  and  at  such  distances  apart  along  the  line 
or  lines  of  said  railway  company  and  shall  be  of  such 
height  and  depth  as  the  said  Engineer  and  Electrical 
Expert  of  this  Board  shall  determine. 

And  this  license  is  given  upon  the  express  condi- 
tion that  whenever  and  wherever  the  surface  of  such 
street,  avenu.e  or  highway  or  of  any  pavement  thereof 
shall  be  disturbed,  excavated,  deranged  or  taken  up  in 
whole  or  in  part,  by  said  company,  in  the  placing  of 
said  poles  or  wires,  the  said  company  shall  immediately 
thereafter  restore  the  said  roadway  or  pavement  as 
near  as  possible  to  their  former  condition,  and  for  any 
refusal  or  intentional  neglect  of  said  Railway  Company 
in  that  respect  the  license  hereby  granted  may,  after 
notice  to  said  company  and  opportunity  to  be  heard, 
be  thereupon  revoked  and  annulled.  The  said  company 
shall  also  indemnify  and  save  harmless  the  City  of  New 
York,  its  officers  and  agents,  from  all  claims,  costs 
and  damages,  if  any,  arising  through  the  excavation  or 


146  HARLEM  BRIDGE,  MOR.  AND  EORD.  RAILWAY  CO. 

derangement  of  tlie  said  streets,  avenues  or  highways 
by  the  construction  of  such  posts  or  wires. 

“ Resoloed , That  the  poles  and  wires  so  to  be  erected 
and  maintained  shall  be  placed,  where  practicable,  in 
the  center  of  the  street,  so  as  to  cause  the  least  possi- 
ble disfigurement. 

“ Resolved,  That  the  license  hereby  granted  shall  be 
without  prejudice  to  the  right  and  power  of  the  Board 
whenever  hereafter  in  its  opinion  it  is  deemed  practica- 
ble for  said  Railway  Company  to  operate  its  road  or 
any  great  portion  of  it  by  means  of  an  underground 
electrical  system,  to  order  and  direct  the  company  to 
convert  its  overhead  to  such  underground  system. 

kt  Resolved , That  it  is  the  express  and  earnest  wish 
of  the  Board  that  the  Railway  Company  procure,  if 
possible,  the  permission  of  the  elevated  Railroad  Com- 
pany to  hang  wires  on  its  structure  in  any  street  along 
the  route  mentioned  where  such  structure  exists. 

“ Resolved , That  the  Railway  Company,  where 
practicable,  use  cars  having  accommodation  and  seating 
capacity  for  from  thirty-four  to  thirty-six  people,  and 
light  its  cars  with  electricity.” 

Very  respectfully, 


Theodore  Moss, 


PERMISSION  R.  R.'COMS.  TO  CHANGE  MOTIVE  POWER.  147 


Permission  of  Board  of  Railroad  Commissioners  to 
Change  Motive  Power  upon  Route  of  Company. 

Board  of  Railroad  Commissioners 
of  THE 

State  of  New  York. 

Albany,  March  17tii,  1891. 

Present — Com.  William  E.  Rogers, 

Com.  Isaac  V.  Baker,  Jr., 

Com.  Michael  Rickard. 


In  the  Matter  of  the  Application 

of  I 

the  Harlem  Bridge,  Morris- 
ania  & Fordham  Railway  Com- 
pany for  the  approval  of  the  r 
Board  of  a change  of  motive  power 
from  horses  to  the  overhead  single 
trolley  electric  railway  system,  in 
accordance  with  Chapter  531  of 
the  Laws  of  1889. 


The  first  application  in  this  matter,  dated  January 
the  7th,  1891,  was  duly  lodged  with  the  Board.  Not 
being  sufficiently  specific  as  to  the  form  of  power  de- 
sired to  be  approved,  nor  as  to  the  routes  upon  which 
it  was  to  be  applied,  an  amended  application  was  sub- 
sequently filed,  dated  January  the  21st,  1891,  setting 
forth  the  routes  in  detail  and  applying  for  approval  of 
the  single  trolley  electric  system. 

After  extended  notice  in  the  press  a public  hearing 
was  had  at  the  Chamber  of  Commerce,  New  York  City, 
on  February  the  4th,  1891.  The  railroad  company  was 


148  HAUL  EM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

represented  by  Augustus  Hutchins  and  John  S.  Wise, 
of  counsel,  Henry  Spratley,  President,  William  Cauld- 
well  and  others.  Contesting  property  ovvners  on  Third 
avenue  were  represented  by  Arthur  C.  Butts  ; on  Bos- 
ton avenue  by  C.  S.  Simpson.  Ernest  Hall  represented 
property  owners  on  Boston  avenue  in  favor  of  the 
change.  Several  other  parties  appeared  expressing 
views  on  the  subject. 

The  Board  was  informed  that  a temporary  injunction 
had  been  served  upon  the  railroad  company,  at  the  in- 
stance of  Third  avenue  property  holders,  restraining  the 
company  from  presenting  their  consents  to  the  Board 
upon  the  claim  of  the  contestants,  among  ether  things, 
that  such  consents  had  been  obtained  by  fraud.  For 
this  reason  the  hearing  was  principally  taken  up  in  a 
discussion  of  the  general  merits  of  the  trolley  system  as 
applicable  to  that  portion  of  New  York  City  in  which 
it  was  proposed  to  apply  it. 

It  appeared,  among  other  things,  that  the  Board  of 
Electrical  Control  of  the  city,  consisting  of  Hon.  Hugh 
J.  Grant,  Mayor,  Mr.  Jacob  Hess,  and  Mr.  Theodore 
Moss,  had  given  its  consent  to  the  erection  of  the  neces- 
sary poles  upon  which  to  string  the  wires  of  the  com- 
pany after  a careful  investigation  of  the  merits  of  this 
system  of  propulsion,  and  a personal  examination  by 
Mr.  Grant  of  the  system  in  operation  in  Boston. 

Subsequent  to  this  hearing  notice  was  received  from 
the  railroad  company  that  it  had  secured  a majority  of 
consents  upon  Third  avenue  without  regard  to  those  of 
the  property  holders  who  had  procured  the  injunction. 
A second  hearing  was  then  had  on  February  the  20th, 
after  due  notice,  at  which  time  the  company  claimed  to 
have  procured  a large  majority  of  consents  upon  the 
line  of  all  the  routes  with  the  exception  only  of  Boston 
avenue  from  164th  street  to  West  Farms.  It  also  ap- 
peared at  this  hearing  that  the  injunction  as  to  the 
presentation  of  Third  avenue  consents  had  been  dis- 
solved by  Justice  Ingraham,  the  Justice  holding  that 


PERMISSION  R.  R.  COMS.  TO  CHANGE  MOTIVE  POWER.  149 


no  evidence  of  fraud  whatever  had  been  adduced  to 
sustain  the  charge. 

The  question  arose  at  this  hearing  as  to  the  right  of 
abutting  property  holders  to  withdraw  their  consents 
after  having  given  them.  The  Board  sustained  the  con- 
testants in  the  claim  that  the  property  holders  had  such 
right  to  withdraw,  for  the  same  reasons  given  in  the  ap- 
plication of  the  Buffalo  Street  Railroad  Company  (R. 
R.  Com.  R.,  1890,  1st  vol.  pp.  110-112).  The  reasons  are 
based  upon  the  opinion  of  the  Court  of  Appeals  in  the 
case  of  People  vs.  Sawyer , County  Judge,  (52  N.  Y.,  p. 
296) : The  Court’s  language  in  brief  is  as  follows  : 

u A taxpayer  who  has  signed  a petition  for  bonding 
his  town  under  the  provisions  of  the  act  permitting 
municipal  corporations  to  aid  in  the  construction  of  rail- 
roads, has  the  right  to  withdraw  his  name  therefrom  at 
any  time  prior  to  the  final  submission  of  the  case  to  the 
County  Judge,  and  upon  such  withdrawal  his  name  and 
taxable  property  must  be  excluded  from  the  calculation 
upon  the  part  of  the  applicants.” 

The  case  is  not  altogether  similar,  but  the  principles 
enunciated  in  the  discussion  thereof  by  the  learned 
Judge  (Grover  J.),  seem  to  the  Board  applicable  to 
this.” 

Mr.  Butts,  on  behalf  of  the  contestants  on  Third  ave- 
nue disputed  the  sufficiency  of  the  consents  and  re- 
quested time  within  which  to  examine  them  and  file 
objections  as  to  their  validity  and  sufficiency.  The  re- 
quest was  granted  and  opportunity  was  given  to  Mr. 
Butts  and  other  contestants  to  examine  the  consents  on 
file  in  the  office  of  the  County  Clerk.  A brief,  dated 
February  26th,  was  submitted  by  him,  making  specific 
objections  to  a large  number  of  consents,  and  raising 
the  point,  among  others,  that  the  value  of  the  abutting 
property  had  been  taken  from  the  assessment  roll  of 
1891  instead  of  1890  ; that  in  this  way  the  assessed  value 
of  the  property  consenting  had  been  materially  in- 


150  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

creased,  and  that  the  law  as  applicable  to  this  case  re- 
quired that  the  values  should  be  taken  from  the  assess- 
ment roll  of  1890. 

A copy  of  the  brief  was  submitted  to  the  railroad 
company  and  another  hearing  set  down,  after  due  notice 
to  all  parties  concerned,  at  the  Chamber  of  Commerce, 
New  York  City,  Wednesday,  March  11,  1891.  At 
this  latter  hearing  the  railroad  and  contestants  were 
represented  as  before.  The  railroad  company,  on 
its  behalf,  submitted  an  affidavit  of  Henry  Bracken,  a 
Deputy  Tax  Commissioner  of  the  City  and  County  of 
New  York,  which  is  herewith  given  in  full  as  follows  : 

14  Henry  Bracken,  being  duly  sworn,  says  that  he  re- 
sides in  the  city  of  New  York,  and  that  he  is  employed 
as  a Deputy  Tax  Commissioner  of  the  City  and  County  of 
New  York,  and  has  been  so  employed  for  the  past  four- 
teen years.  That  he  has  been  requested  to  examine  the 
assessment  rolls  on  file  in  the  office  of  the  Commissioners 
of  Taxes  and  Assessments  for  the  year  1890,  for  the 
purpose  of  certifying  to  the  value  of  property  abutting 
on  the  various  streets  and  avenues  through  which  the 
Harlem  Bridge,  Morrisania  & Fordham  Railway  Com- 
pany have  constructed  and  operate  its  railroad,  and  also 
to  compare  the  consents  of  the  property  owners  which 
the  company  has  obtained  to  its  proposed  change  of 
motive  power  with  the  assessment  rolls  in  said  office  for 
the  year  1890,  that  he  has  made  such  examination,  and 
finds  as  follows,  viz.  : 


Assessed  value  of  property  on  Third  avenue, 
from  One  hundred  and  twenty-ninth  street 

to  Pelham  avenue,  Fordham,"  is $4,611,875 

Same  as  to  property  on  Westchester  avenue 

from  Third  avenue  to  Bronx  river  is 388,400 

Same  as  to  Boston  avenue  from  Third  avenue 
to  Tremont  avenue,  and  along  Tremont  ave- 
nue to  Bronx  river  is 720,210 

Same  as  to  Lincoln  avenue  from  One  hundred 
and  thirty-third  street  to  One  hundred  and 

thirty-eighth  street  is 276,000 

Same  as  to  One  hundred  and  thirty-eighth 
street  from  Madison  avenue  bridge  to  Long 
Island  Sound  is 1,127,650 


PERMISSION  II.  R.  COMS.  TO  CHANGE  MOTIVE  POWER.  151 


Same  as  to  One  hundred  and  thirty-third 
street  from  Third  avenue  to  Lincoln  ave- 
nue is 141,000 


Making  a total  valuation  of 


$7,265,135 


‘ ‘ That  the  assessed  valuation  of  the  property  abut- 
ting on  the  same  streets  and  avenues  in  front  of  which 
said  company  has  constructed  and  operate  its  railway, 
the  owners  consented,  deducting  all  alleged  withdrawals 
of  such  consents  tiled  with  the  company  to  date,  and 
adding  all  re-consents  obtained  by  the  company,  based 
on  valuations  as  they  appear  on  the  assessment  rolls  for 
the  year  1890,  on  tile  in  said  office  is  : 


On  Third  avenue $2,768,550 

On  Westchester  avenue 379,650 

On  Boston  avenue  and  Tremont  avenue 345,950 

On  Lincoln  avenue 216,000 

On  One  hundred  and  thirty-eighth  street. . . . 909,100 

On  One  hundred  and  thirty-third  street 116,000 


Making  a total  valuation  of $4,735,250 


‘‘ Deponent  further  says  that  he  has  been  requested 
to  make  a recapitulation  of  the  total  assessed  valuation 
of  property  on  each  street,  the  required  majority  of 
such  total  valuations,  and  the  amounts  of  consents  on 
the  same  streets  in  tabular  form  for  easy  reference,  which 
he  has  done  and  finds  to  be  as  follows  : 


Total 

Required 

Net 

valuation. 

majority . 

consents. 

Third  avenue 

$4,611,875 

$2,305,938 

$2,768,550 

Westchester  avenue  

388,400 

194,201 

379,650 

Boston  and  Tremont  avenue 

720,210 

360,106 

345,950 

Lincoln  avenue 

276,000 

138,001 

216,000 

One  hundred  and  thirty-eighth 

street 

1,127,650 

563,826 

909,100 

One  hundred  and  thirty-third  street. . 

141,000 

70,501 

116,000 

$7,265,135 

$3,632,573 

$4,735,250 

(Signed)  Henry  Bracken. 

Sworn  to  before  me,  this  10th  ) 
day  of  March,  1891.  \ 

(Signed)  E.  T.  Taggard, 

Commissioner  of  Deeds.” 


152  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  0»». 

It  will  be  seen  from  the  above  that,  treating  the  sys- 
tem as  a whole,  there  is  an  excess  of  $1,102,677  of  con- 
sents of  abutting  property  holders  over  a majority. 

No  objections  were  raised  as  to  the  sufficiency  of  the 
consents  on  any  of  the  routes  except  the  Third  avenue 
route  and^he  Boston  avenue  route. 

First. — As  to  the  Third  avenue  route. 

Bracken’s  affidavit  states  that  the  total  assessed  value 
of  property  abutting  the  Third  avenue  route  is  $4,611,- 
875  ; that  the  company’s  net  consents  to  the  10th  day 
of  March  were  $2,768,550;  consents  necessary  to  the 
change,  $2,805,938;  excess  over  and  above  majority, 
$462,612. 

Mr.  Butts,  in  his  brief,  contests  the  sufficiency  or  valid- 
ity of  the  consents  in  a great  many  particulars.  His 
objections  were  taken  up  seriatum  at  the  hearing.  The 
Board  finds,  however,  that  giving  Mr.  Butts  the  benefit 
of  every  contested  point  there  would  still  be  an  excess 
over  the  amount  required  of  $57,000.  The  Board,  there- 
fore, did  not  deem  it  necessary  or  desirable  to  take 
further  testimony  than  that  presented  at  the  last  hear- 
ing, for  the  reason  that  many  of  the  points  raised  by 
Mr.  Butts  the  Board  would  of  necessity  be  compelled  to 
decide  against  him  upon  their  merits,  even  if  his  con- 
tention were  not  disposed  of  by  the  opinion  of  the  At- 
torney-General in  regard  to  the  Boston  avenue  question* 
hereinafter  quoted.  There  was  nothing  to  show  that 
fraud  had  been  exercised  by  the  company,  or  that  there 
was  any  likelihood  of  Bracken’s  figures  being  found  in- 
accurate to  the  extent  of  showing  that  the  company  had 
not  a clear  majority  of  the  consents. 

Second. — As  to  Boston  avenue  and  Tremont  avenue. 

Bracken’s  affidavit  states  that  the  total  assessed  value 
of  property  on  the  Boston  avetiue  route  is  $720,210  ; 
that  the  company’s  net  consents  to  the  10th  day  of* 


March  were n '.$345,950 

Consents  necessary  to  the  change 360,106 


The  company  lacking  necessary  to  a majority  $14,150 


PERMISSION  R.  R.  COMS.  TO  CHANGE  MOTIVE  POWER.  153 

At  tlie  hearing  further  consents  were  submitted  to  the 
amount  of  $13r300,  and  withdrawals  to  the  amount  of 
$4,800.  This  apparently  leaves  the  company  $5,650 
short  of  a majority  of  consents  on  Boston  avenue.  It 
is  proper  to  say  that  inasmuch  as  the  company  admitted 
the  lack  of  a majority  on  Boston  avenue,  t}ie  question 
of  the  sufficiency  of  the  consents  as  claimed  by  Mr. 
Simpson  was  not  gone  into,  but  the  case,  by  consent  of 
all  parties,  rested  where  it  was. 

The  important  question  is  now  raised,  whether  the 
company,  having  secured  a majority  in  value  of  the 
consents  of  the  property  holders  upon  the  whole  system 
of  its  road,  has  conformed  to  the  statute  in  regard  to 
such  consent.  There  was  an  elaborate  argument  pro 
and  con  on  this  subject.  There  being  so  much  differ- 
ence of  opinion  the  Board  submitted  the  matter  to  the 
Attorney-General  in  the  following  letter  : 

“ Hon.  Charles  F.  Tabor,  Attorney  General,  State  of 
New  York. 

“ Dear  Sir-. — In  the  matter  of  the  application  of  the 
v Harlem  Bridge,  Morrisania  and  Fordham  Railway  Com- 
pany for  the  approval  of  the  Board  of  a change  of 
motive  power  from  horses  to  the  overhead  single  trolley 
electric  railway  system,  a question  has  arisen  as  to  the 
true  interpretation  of  chapter  531  of  the  Laws  of  1889, 
which  the  Board  desires  to  submit  to  you  for  an  opinion 
*■  thereon. 

“ Chapter  252  of  the  Laws  of  1884,  known  as  the  Gen- 
eral Street  Railroad  Act,  provides  in  section  3,  in 
accordance  with  the  words  of  the  Constitution  that  the 
company  may  construct  such  road  “ provided  that  the 
consent  in  writing  of  the  owners  of  one-half  in  value  of 
the  property  bounded  oh  and  the  consent,  also,  of  the 
local  authorities  having  control  of  that  portion  of  the 
street  or  highway  upon  which  it  is  proposed  to  con- 
struct or  operate  such  railroad,  be  after  the  passage  of 
this  act  first  obtained.” 

“ Section  12' of  this  act  originally  read  as  follows  : 

‘ § 12.  Any  street  surface  railway  company  may  in 
any  case  operate  any  portion  of  its  road  by  animal  or 


154  HARLEM  BRIDGE,  MOR.  AXD  FORD.  RAILWAY  CO. 

horse  power,  or  by  any  power  other  than  locomotive 
steam  power,  which  may  be  consented  to  by  the  local 
authorities  and  by  a majority  of  the  property  owners, 
obtained  in  accordance  with  sections  3 and  4 of  this 
act.’ 

“ It 'was  amended  by  chapter  531  of  the  Laws  of  1889, 
substituting  the  Board  of  Railroad  Commissioners  for 
the  local  authorities  as  the  public  body  to  give  con- 
sent to  the  change  of  motive  power,  and  also  altering 
the  language  as  to  the  consents  of  abutting  property 
holders.  Section  12  now  reads  as  follows  : 

‘§12.  Any  street  surface  railway  company  may,  in 
any  case,  operate  any  portion  of  its  railroad  by  cable  or 
electricity,  or  by  any  power  other  than  locomotive  steam 
power,  instead  of  by  animal  or  horse  power,  which  may 
be  approved  by  the  State  Board  of  Railroad  Commis- 
sioners,. and  consented  to  by  the  owners  of  one-lialf  in 
value  of  the  property  bounded  on  that  portion  of  the 
railroad  as  to  which  a change  of  motive  power  is  pro- 
posed ; and  in  case  the  consent  of  the  property  owners 
cannot  be  obtained,  then  the  determination  of  three  dis- 
interested commissioners,  appointed  by  the  general 
term  of  the  Supreme  Court  in  the  department  in  which 
said  railroad  is  located,  in  favor  of  such  motive  power, 
confirmed  by  said  Court,  shall  be  taken  in  lieu  of  the 
consent  of  said  property  owners.  The  provisions  of 
sections  3,  4,  5 and  6 of  the  act  hereby  amended  shall 
apply,  so  far  as  applicable  to  such  consents  of  said 
property  owners  and  to  the  proceedings  for  the  appoint- 
ment and  determination  of  said  commissioners  and  the 
confirmation  of  said  determination.  It  shall  be  lawful 
for  any  such  railroad  company  to  make  any  changes  in 
the  construction  of  its  road  or  road-bed  at  any  time 
rendered  necessary  by  a change  in  its  motive  power.’ 

“ It  will  be  observed  that  the  section  n >w  provides 
that  the  consent  to  a change  must  be  approved  ‘ by  the 
owners  of  one-half  in  value  of  the  property  bounded  on 
that  portion  of  the  railroad  as  to  which  a change  of 
motive  power  is  proposed,’  instead  of  the  consents  upon 
k that  portion  of  a street  or  highway  ’ upon  which  it  is 
proposed  to  change. 

“ In  the  case  of  the  application  under  consideration 
the  railroad  company  operates  a system  of  railroads 
beginning  in  Third  avenue  at  about  One  hundred  and 
twenty-ninth  street  in  the  city  of  New  York,  crossing 


PERMISSION  K.  R.  COMS.  TO  CHANGE  MOTIVE  POWER.  155 


the  Harlem  river,  running  up  Third  avenue  to  Fordham, 
and  having  branches  at  One  hundred  and  thirty-third 
street,  One  hundred  and  thirty-eighth  street,  West- 
chester avenue  and  Boston  avenue. 

The  original  charter  of  this  company  was  given  by 
chapter  316  of  the  Laws  of  1863,  by  which  act  certain 
parties  therein  named  formed  into  a corporation  were 
vested  with  the  exclusive  right  to  lay  a double  track  on 
the  centre  of  the  Boston  Post  Road,  and  to  use  or  oper- 
ate the  same,  commencing  at  or  near  the  termination  of 
the  Harlem  or  Coles  bridge  (that  is,  on  the  north  line  of 
the  Harlem  river),  and  running  along  the  said  road  to  a 
point  where  the  said  road  intersects  with  Fordham 
avenue,  and  thence  along  said  Fordham  avenue  by  a 
single  or  double  track  with  necessary  branches  to  the 
Kingsbridge  road,  and  thence  along  the  same  to  the 
Harlem  Railroad,  at  or  near  its  depot  at  Fordham. 
Section  9 of  the  said  act  provided  that  the  corporation 
formed  should  be  authorized  to  lay  railway  tracks  at 
the  termination  of  its  road  at  Fordham  or  at  any  other 
convenient  point  by  the  most  feasible  route  to  the  vil- 
lage of  West  Farms. 

“ Under  the  provisions  of  this  act  the  company  now 
applying  for  a change  of  motive  power  built  and  put 
into  operation  a street  railroad  from  the  Harlem  river 
to  Fordham,  on  what  is  now  called  Third  avenue.  It 
did  not  apparently  take  advantage  of  its  privilege  of 
building  a road  to  West  Farms,  either  from  Fordham 
or  any  other  convenient  point,  at  that  time.  A subse- 
quent statute  was  passed,  being  chapter  892  of  the  Laws 
of  1867,  amending  section  9,  permitting  the  corporation 
to  lay  tracks  specifically,  ‘along  the  Boston  Post 
Road,’  to  the  village  of  West  Farms.  In  conformity 
with  this  act  a branch  was  built  on  the  Boston  Post 
Road,  now  called  Boston  avenue,  from  its  intersection 
witli  the  railroad  first  built  at  One  hundred  and  sixty- 
fourth  street  to  West  Farms. 

“ The  company  now  claims  to  have — and  for  the  pur- 
poses of  your  opinion  it  may  be  conceded  that  it  has — 
a large  majority  in  value  of  consents  of  abutting  prop- 
erty holders  on  the  system  as  a whole.  It  also  has  a 
majority  of  consents  upon  each  street  and  avenue  with 
the  exception  of  Boston  avenue  from  One  hundred  and 
sixty-fourth  street  to  West  Farms,  where  there  is  an. 
apparent  deficiency  of  some  $5,000. 


156  HARLEM  BRIDGE,  MOR.  AXD  FORD.  RAILWAY  CO. 

“ The  company  claims  that  inasmuch  as  it  has  the 
consents  of  a large  majority  in  value  upon  the  entire 
system,  that  it  comes  within  the  provisions  of  the  stat- 
ute which  require  it  to  have  a majority  in  value  of  the 
property  bounded  on  that  portion  of  the  railroad  as  to 
which  a change  of  motive  power  is  proposed.  Contest- 
ing property  holders  on  Boston  avenue,  on  the  other 
hand,  claim  that  the  words  of  the  statute  4 on  that  por- 
tion of  the  railroad  ’ should  be  construed  to  mean  a 
definite  route,  and  not  the  whole  system.  While  con- 
ceding that  the  company  has  the  consent  upon  other 
portions  of  its  road,  they  deny  that  it  has  the  consent 
on  that  portion  of  its  road  going  through  Boston  ave  • 
nue,  and  is  therefore,  precluded  from  a change  there. 

4 ‘ In  the  course  of  the  discussion  it  was  proposed  to 
consider  that  the  words,  ‘that  portion  of  the  railroad  ’ 
should  mean  a definite  and  continuous  route,  upon  the 
ground  that  consents  given  for  a change  on  138th  street 
for  instance,  ought  not  reasonably  to  be  held  to  operate 
upon  Boston  avenue,  as  cars  operating  on  Boston 
avenue  would  not  naturally  touch  138th  street  except 
to  cross  it,  but  would  run  down  Boston  avenue  to  its 
intersection  with  Third  avenue  and  thence  along  Third 
avenue  to  the  terminus  of  the  road  at  129th  street. 

“The  company  claims  that  accex>ting  the  word 
k route  ’ for  the  sake  of  argument,  to  be  a definition  of 
the  words  4 that  portion  of  the  railroad,’  etc’.,  that  the 
route  including  Boston  avenue  extends  from  129th 
street  and  Third  avenue,  through  Third  avenue  and 
up  Boston  avenue  to  the  terminus  at  West  Farms  ; that 
but  one  fare  is  paid,  and  a distinctive  line  of  cars 
operate  thereon  ; that  it  has  a majority  of  value  upon 
this  route,  if  it  be  considered  a route,  and  that  it 
further  has  a majority  in  value  of  abutting  property 
owners  on  Third  avenue  north  of  164th  street  to 
Ford  ham. 

44  The  contestants  dispute  the  justice  of  considering 
Boston  avenue  and  Third  avenue,  from  164th  street  to 
129th  street  a route  for  the  reason  that  the  Boston  ave- 
nue branch  was  built  subsequently  to  the  Third  avenue 
road. 

“ The  Board  desires  your  opinion  upon  the  above 
statement  of  facts  : 

44  First,  has  the  railroad  company  the  right  to  change 
its  motive  power  on  Boston  avenue,  in  view  of  its  hav- 


PERMISSION  It.  It.  OOMS.  TO  CHANGE  MOTIVE  POWER.  157 


ing  obtained  a majority  in  value  of  the  consents  of  abut- 
ting property  holders  upon  its  system  as  a whole  ? 

Second,  if  not,  has  it  the  right  to  change  its  motive 
power, upon  Boston  avenue  for  the  reason  that  it  has  a 
majority  in  value  of  abutting  property  holders,  regard- 
ing Boston  avenue  and  Third  avenue  from  164th  street 
to  129tli  street  as  one  route?” 

In  answer  to  this  letter  an  elaborate  opinion  is  ren- 
dered by  the  Attorney-General,  the  conclusion  of  which 
is  as  follows : 

“ In  conclusion  I am  of  the  opinion  in  answer  to  your 
two  questions, — 

“ First. — The  railroad  company  has  the  right  to 
change  its  motive  power  on  Boston  avenue  by  reason  of 
its  having  obtained  a majority  in  value  of  the  consents 
of  abutting  property  holders  upon  its  system  as  a 
whole. 

“ Second. — That  in  any  event  it  has  the  right  to 
change  its  motive  power  upon  Boston  avenue  for  the 
reason  that  it  has  obtained  a majority  in  value  of  abut- 
ting property  holders  ‘regarding  Boston  avenue  and 
Third  avenue  from  164th  street  to  129th  street  as  one 
route. 

“And  in  this  connection  I may  also  say  that  while 
the  consent  of  your  Board  is  necessary  in  order  that 
the  change  proposed  may  be  made  at  all,  the  giving  of 
it  does  not  in  the  least  destroy  or  injure  the  rights  of 
the  property  owners  interested.  The  corporation  can 
obtain  no  right  to  change  its  motive  power  without 
complying  with  the  law,  and  if  I am  right  in  my  con- 
struction it  has  complied,  but  if  I am  wrong  the  whole 
matter  can  be  easily  determined  and  righted  by  the 
Courts.” 

Pending  this  application  the  different  routes  of  this 
railroad  company  were  carefully  gone  over  and  in- 
spected by  members  of  the  Board.  The  streets  where 
this  proposed  change  is  to  be  made  are  all  from  eighty 
to  one  hundred  feet  in  width.  With  the  exception  of 
Third  avenue  and  a portion  of  Boston  avenue  they  are 


158  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 


not  thickly  built  up.  Long  distances  intervene  where 
there  are  few  houses  and  where  it  is  evident  that  a more 
rapid  means  of  transit  than  that  furnished  by  horses 
would  be  most  desirable  not  only  to  those  who  live  there 
now,  but  to  those  who  would  be  induced  to  live  there 
were  such  adopted.  Indeed,  all  the  territory  through 
which  this  system  of  railroad  ramifies,  in  the  opinion 
of  the  Board,  Avould  be  greatly  benefited  by  the 
change.  The  tracks  of  the  railroad  occupy  but  fifteen 
feet  in  the  centre  of  these  streets  and  avenues,  ample 
space  being  allowed  for  vehicles  of  all  kinds  on  either 
side  of  the  tracks  and  between  the  curbs.  It  is  pro- 
posed by  the  company  that  poles  should  be  erected  be- 
tween the  tracks  with  brackets  extending  on  both  sides 
from  which  to  suspend  the  trolley  wires.  In  its  investi- 
gations of  the  various  applications  made  to  it,  the 
Board  has  seen  no  territory  where  the  trolley  system 
could  be  put  into  operation  with  so  much  benefit  ap- 
parently as  here.  In  this  respect  it  sustains  the  views 
held  by  the  Board  of  Electrical  Control.  It  is  satisfied 
that  if  the  change  be  brought  about  it  will  serve  to 
bring  a large  population  into  that  portion  of  the  city. 

So  far  as  Third  avenue  is  concerned,  an  elevated  rail- 
road already  exists  there.  The  Board  deems  that  it 
would  be  far  wiser  and  better  in  every  way  to  string 
the  trolley  wires  from  the  underside  of  the  structure, 
and  so  recommends.  If  this  cannot  be  done,  however, 
little  or  no  additional  encumbrance  would  be  placed  on 
the  street  by  erecting  poles  in  close  proximity  to  the 
columns  of  the  elevated  structure  upon  which  to  string 
cross  wires  to  support  the  trolley  wire. 

In  view  of  the  above  recited  fact  the  Board  deems 
that  it  is  justified  in  approving,  and  does  hereby  ap- 
prove, of  a change  of  motive  power  from  horses  to  the 
overhead  single  trolley  electric  railway  system  by 
the  Harlem  Bridge,  Morrisania  & Fordham  Railway 
Company  upon  the  routes  of  its  railway  in  the  city  of 
New  York  as  follows  : Third  avenue,  from  a point  at  or 


PERMISSION  R.  R.  COMS.  TO  CHANGE  MOTIVE  POWER.  159 


near  East  129tli  street  over  and  across  the  Harlem 
River  to  North  Third  avenue,  thence  on,  through  and 
along  North  Third  avenue  to  Fordham  avenue  ; thence 
on,  through  and  along  Fordham  avenue  and  Kings- 
bridge  road  to  Pelham  avenue.  Also  on,  through  and 
along  Boston  avenue  or  Post  road  from  the  intersection 
of  Boston  avenue  and  North  Third  avenue  to  West 
Farms  ; thence  on,  through  and  along  Westchester  or 
Tremont  avenue  to  the  Bronx  river  ; also,  on,  through 
and  along  Westchester  avenue  from  the  intersection  of 
Westchester  avenue  and  North  Third  avenue  to  the 
Bronx  river  ; also,  on,  through  and  along  East  138th 
street  from  Harlem  river  to  Long  Island  Sound  ; also, 
on,  through  and  along  East  133d  street  (or  Southern 
Boulevard)  from  its  junction  with  Third  avenue  to  Lin- 
coln avenue  ; thence  on,  through  and  along  Lincoln 
avenue  from  the  intersection  of  Lincoln  avenue  with 
East  133d  street  to  the  intersection  of  North  Third  ave- 
nue and  Lincoln  avenue  at  or  near  East  138th  street  ; 
with  the  following  conditions,  however,  which  are  made 
a part  of  this  approval : 

First. — The  rate  of  speed  shall  not  exceed  that  to  be 
reasonably  fixed  by  the  local  authorities  having  charge 
of  such  streets  and  avenues  as  the  route  of  the  road 
passes  through. 

Second. — The  poles  from  which  the  wires  are  to  be  sus- 
pended upon  all  the  streets  and  avenues  except  the 
Third  avenue  route,  shall  be  erected  between  the  tracks, 
with  brackets  extending  to  each  side,  and  before  erec- 
tion, their  plan  and  construction  shall  be  approved  by 
the  local  authorities  hereinbefore  mentioned.  On  Third 
avenue  the  wires  shall  be  strung  from  the  lower  side  of 
the  structure  of  the  elevated  railroad  on  that  portion  of 
the  route  where  such  structure  is  over  the  route  of  the 
surface  company  if  an  agreement  can  be  reached  with 
the  elevated  railroad  company  to  permit  such  construe- 


160  HARLEM  BRIDGE,  MO  It.  AND  FORD.  RAILWAY  CO. 

tion  ; if  not,  the  poles  to  be  erected  upon  which  to 
string  the  wires  shall  be  approved  before  construction 
by  the  local  authorities  hereinbefore  mentioned.  The 
poles  to  be  erected  upon  that  portion  of  Third  avenue 
not  covered  by  the  structure  of  the  elevated  railroad 
snail  be  of  a construction  and  plan  to  be  approved  by 
the  local  authorities  hereinbefore  mentioned  ; and  on 
all  parts  of  the  system  not  covered  by  the  elevated 
structure,  or  where  the  wires  are  not  strung  under 
brackets  from  poles  in  the  centre  of  the  street,  a guard 
wire  shall  be  strung  over  the  trolley  wire  to  prevent 
broken  telegraph,  telephone  or  other  wires  coming  in 
contact  with  the  trolley  wire. 

Third. — No  car  shall  be  run  with  less  than  two  men 
to  operate  it.  * 

Fourth. — The  company  shall  take  all  reasonable  and 
proper  means  to  prevent  the  currents  from  its  wires, 
through  leakage,  induction  or  otherwise  from  interfer- 
ing with  the  currents  upon  the  wires  of  other  com- 
panies, whether  telegraph,  telephone,  or  otherwise. 

Fifth. — The  company  shall  conform  to  all  the  rea- 
sonable requirements  of  the  local  authorities  hereto- 
fore or  hereafter  legally  imposed  by  said  authorities. 

By  the  Board. 

William  C.  Hudson, 

Secretary. 


Permit  of  Department  of  Public  Parks  to  Operate 
Cars  by  Overhead  Trolley  oyer  Harlem  Bridge. 

The  Harlem  Bridge,  Morrisania  & Fordham 
Railway  Company,  having  heretofore  obtained  per- 


i 


PERMIT  OF  P.  P.  P.  FOR  OVERHEAD  TROLLEY.  1 61 


mission  to  maintain  its  tracks  upon  and  across  the 
Harlem  Bridge  for  the  purpose  of  running  cars  across 
said  bridge,  which  cars  have  been  heretofore  operated 
by  animal  traction,  and  the  said  company  having  de- 
termined to  operate  its  cars  across  the  said  bridge  and 
upon  the  rest  of  its  route  by  electric  traction,  and  the 
said  company  having  submitted  to  the  Department  of 
Public  Parks  a map  and  plan  showing  the  nature  of 
the  construction  proposed  to  be  made  and  hereafter 
operated  ; 

Now,  for  the  purpose  of  enabling  them  to  effect  such 
change,  and  for  the  purpose  of  securing  the  proper 
opera tion  of  the  bridge  as  a drawbridge  when  so  operated 
and  for  the  purpose  of  securing  to  the  public  the  greater 
facilities  to  be  afforded  by  the  use  of  electric  power  as  a 
motive  power,  and  for  other  purposes. 

Resolved,  That  the  said  plan  and  map  as  submitted 
be  and  the  same  is  hereby  approved,  and  directed  to  be 
filed. 

Further  Resolved,  That  the  Harlem  Bridge,  Morrisania 
and  Fordham  Railway  Company  is  required,  requested 
and  directed  to  maintain  its  tracks  upon  and  across  the 
Harlem  bridge  as  set  forth  in  the  said  map  and  plan, 
and  is  permitted  to  run  cars  operated  by  electric  power 
thereon,  and  to  erect  upon  the  bridge  poles  fit  to  carry 
the  wires  necessary  for  the  propulsion  of  the  said 
electric  cars  upon  the  bridge,  and  to  construct  whatever 
additional  fixtures  and  wires  may  be  required  for  such 
purposes,  and  there  is  hereby  granted  to  said  company 
full  power  and  authority  to  run  cars  to  be  operated  by 
electric  power  on  the  said  tracks  so  to  be  constructed 
upon  and  across  the  Harlem  Bridge.  Provided,  how- 
ever, that  the  said  railway  company  shall  continue  to 
maintain  an  additional  covering  of  plank  upon  the  road- 
way on  said  bridge  ol*  the  full  width  thereof,  as  they 
have  hitherto  maintained  the  same,  and  to  keep  the 
same  in  repair,  and  provided  further  that  the  said  com- 
pany shall  so  construct  its  tracks,  poles,  wires  and 


162  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

fixtures  and  appurtenances,  and  shall  so  run  and 
manage  and  operate  its  cars  as  not  to  impair  the  use  of 
the  bridge  as  a drawbridge,  and  provided  further  that 
the  said  company  shall  submit  a detailed  specification 
for  the  work  to  be  done  to  this  department  for  approval ; 
and  further,  that  this  permission  shall  be  subject  to  any 
change  in  the  elevation  or  grade  of  the  bridge  or  ap- 
proaches. 

Further  Resolved,  That  should  it  be  found  at  any 
time  inoperative  or  unadvisable  by  the  said  company  to 
operate  its  cars  by  electric  traction,  it  may  abandon 
the  use  of  such  power  and  revert  to  the  use  of  animal 
power. 

In  Board  July  15,  1891. 

Adopted. 

Charles  De  F.  Burns, 

Secretary  D.  P.  P. 


Permit  for  Overhead  Single  Trolley  Electric 
Railway  System — Commissioner  Street  Improve- 
ments. 

New  York,  Oct.  18,  1891. 
The  Harlem  Bridge,  Morrisania  & Fordham  Railway 
Company,  i r s agents  and  employees,  in  conformity  with 
the  laws  and  ordinances  and  with  the  permits  granted 
said  company  by  the  Board  of  Electrical  Control,  dated 
January  28,  1891,  and  October  9,  1891,  relating  thereto, 
are  hereby  given  permission  to  take  up  their  tracks  on, 
and  to  open  the  following-named  streets  and  avenues 
along  the  routes  hereinafter  mentioned,  for  the  purpose 
of  laying  a double  track  railroad  to  be  operate  l by  the 
Overhead  Single  Trolley  Electric  Railway  System  and 
the  erection  of  the  necessary  appurtenances  thereto, 
under  the  following  conditions,  and  such  other  special 
restrictions  and  conditions  as  the  Commissioner  of 
Street  Improvements  of  the  Twenty-third  and  Twenty- 


PERMIT  COM.  ST.  IMP’S,  OVERHEAD  TROLLEY. 


163 


fourth  Wards  may  from  time  to  time  deem  proper  or 
necessary  : 

First. — The  streets  and  avenues  which  may  be  opened, 
&c.,  for  the  above-named  purpose  are  as  follows  : 

Third  avenue  from  the  Harlem  Bridge  to  Pelham 
avenue;  Boston  avenue  from  Third  avenue  to  Tremont 
avenue  at  West  Farms;  Westchester  avenue  from 
Third  avenue  to  Prospect  avenue;  138th  street  from 
Third  avenue  to  Long  Island  Sound  ; Lincoln  avenue 
from  the  Southern  Boulevard  to  138th  street,  and  the 
Southern  Boulevard  from  Third  avenue  to  its  intersec- 
tion with  Lincoln  avenue. 

Second. — The  whole  work  to  be  done  in  a sub- 
stantial and  workmanlike  manner,  in  accordance 
with  the  plan  as  shown  by  a tracing  entitled  “Track 
Construction,  Harlem  Bridge,  Morrisania  & Ford- 
ham  Railway  Company*  New  York  City,  and  dated 
Aug.  1,  1891.  L.  H.  Me  Inf  ire,  Chief  Engi- 

neer,’’ on  tile  in  the  office  of  the  Commissioner  of  Street 
Improvements  of  the  Twenty- third  and  Twenty-fourth 
Wards  ; and  with  the  existing  rules  and  regulations  of 
the  Board  of  Electrical  Control,  and  the  laws  and 
ordinances  of  the  city  of  New  York,  and  under  the  di- 
rection and  supervision  of  the  Commissioner  of  Street 
improvements  of  the  Twenty-third  and  Twenty-fourth 
Wbirds. 

The  said  Commissioner  of  Street  Improvements  may 
appoint  such  and  so  many  inspectors  as  he  may  deem 
proper  or  necessary  to  supervise  the  above-mentioned 
work,  each  of  whom  shall  be  paid  by  said  Railway  Com- 
pany at  the  rate  of  three  dollars  per  day. 

Third. — The  pavement  of  the  present  roadbeds  shall 
be  taken  up  and  neatly  piled  on  the  sidewalks  along  the 
different  routes,  within  three  (3)  feet  of  the  curblines, 
leaving  such  entrance  to  each  lot  as  may  be  required  by 
said  Commissioner  of  Street  Improvements.  During 


1G4  U A EL  EM  BEIDGE,  MOE.  AND  FOED.  E AIL  WAY  CO. 

I lie  progress  of  the  work,  such  crossings  of  the  roadbed 
shall  be  made  and  maintained  by  the  said  Railway 
Company  as  may  in  the  opinion  of  the  said  Commis- 
sioner of  Street  Improvements  be  deemed  proper  or 
necessary. 

Fourth. — The  tracks  si  jail  be  laid  on  the  established 
grades,  and  on  such  lines  as  the  Chief  Engineer  under 
the  Commissioner  of  Street  Improvements  of  the 
Twenty-third  and  Twenty-fourth  Wards  may  deter- 
mine. When  the  tracks  have  been  laid,  the  roadbed 
and  the  adjacent  roadway  shall  be  brought  to  grade  and 
repaved  in  a substantial  and  workmanlike  manner, 
and  with  such  material  as  shall  be  satisfactory  to  the 
said  Commissioner  ; where  required,  along  the  differ- 
ent routes,  crosswalks  across  and  between  the  tracks 
shalhbe  laid,  and  any  adjustments  rendered  necessary 
by  the  laying  of  the  tracks  shall  be  made  by  the  said 
com  pany. 

The  poles  shall  be  set  inside,  and  not  more  than  one 
(1)  foot  from  the  curblines,  except  that,  where  the  ele- 
vated railroad  is  built  over  the  proposed  routes,  no 
poles  shall  be  erected. 

Fifth. — Wherever  it  becomes  necessary  to  build  a 
sewer  or  sewers  along  the  proposed  routes,  such  provi- 
sions shall  be  marie  by  the  said  company  to  facilitate 
the  building  of  said  sewer  or  sewers  as  in  the  opinion 
of  the  said  Commissioner  may  be  deemed  necessary. 

Sixth. — The  construction  of  said  railroad  shall  be  so 
prosecuted  as  lo  cause  as  little  inconvenience  to  public 
travel  as  is  practicable,  and  subject  to  such  rules  and 
regulations  as  the  said  Commissioner  shall  impose.  If 
any  contractor,  foreman,  mechanic  or  laborer  is  inso- 
lent or  negligent  in  can*ying  out  any  instructions  given 
by  any  properly  authorized  representative  of  the  said 
Commissioner,  he  shall  be  forthwith  discharged  and 
not  re  employed  on  the  work. 


PERMIT  COM.  ST.  IMP’S,  OVERHEAD  TROLLEY.  165 


Seventh.  — Whenever,  in  consequence  of  an}^  process 
of  law  or  of  any  other  unexpected  obstacle,  the  work 
of  building  said  railroad  shall  be  stopped  for  so  long  a 
time  that  public  travel  shall  be  obstructed,  the  streets 
and  avenues  along  the  different  routes  shall  be  refilled 
and  repaired  as  if  the  work  contemplated  in  this  permit 
were  actually  completed. 

Eighth. — The  said  Railway  Company  shall  place 
sufficient  and  proper  guards  for  the  prevention  of  ac- 
cidents and  shall  put  up  and  keep  at  nights  suitable 
and  sufficient  lights  and  shall  indemnify  and  save 
harmless  the  city  of  New  York,  its  officers,  agents  and 
servants  against  and  from  all  damages,  costs  and  ex- 
penses which  they  may  suffer  or  to  which  they  may  be 
put  by  reason  of  any  injury  to  the  person  or  property 
of  another,  by  or  on  account  of  the  carelessness  or 
negligence  on  the  part  of  said  company,  its  servants  or 
agents  in  the  construction  of  the  above  named  railroad. 
All  the  material  used  and  the  work  done  shall  be  to  the 
satisfaction  of  the  Commissioner  of  Street  Improvements 
of  the  Twenty-third  and  Twenty -fourth  Wards,  and  in 
substantial  accordance  with  the  proposals  contained  in 
a communication  to  the  said  Commissioner  from  said 
company  (bearing  date  of  Oct.  8.  1891,  and  signed  by 
L.  FI.  Mclntire,  Engineer)  where  the  same  do  not  con- 
flict with  the  foregoing  provisions. 

Ninth. — The  Commissioner  reserves  the  right  to  re- 
voke this  permit  at  any  time,  should  the  said  company, 
its  agents  or  servants  refuse  or  neglect  to  carry  out  any 
of  the  provisions  of  requirements  of  the  same. 

Tenth. — This  permit  shall  be  void  at  the  expiration  of 
six  (6)  months  from  the  date  of  same. 

Eleventh. — The  company  at  the  time  of  receiving  this 
permit  shall  deposit  with  the  Commissioner  of  Street 


166  HARLEM  BRIDGE,  MOR.  AND  FORD.  RAILWAY  CO. 

Improvements  of  the  Twenty-third  and  Twenty-fourth 
Wards,  three  hundred  (300)  dollars  for  the  purpose  of 
paying  the  expenses  of  such  engineers,  assistants  and 
inspectors  as  the  said  Commissioner  may  appoint  to  di- 
rect and  inspect  the  construction  of  the  said  railroad, 
and  the  said  company  shall  at  any  time  afterwards, 
when  called  upon  by  the  said  Commissioner,  deposit 
such  additional  sum  or  sums  as  he  may  deem  necessary 
to  provide  for  the  expense  aforesaid. 

Lotus  J.  Heintz, 

Commissioner  of  Street  Improvements 
of  the  23d  and  24th  Wards. 


Permission  of  Manhattan  Railway  Company  to 
attach  Trolley  and  Feeder  Wires. 

Office  of 

Manhattan  Railway  Company, 

No.  71  Broadway, 

New  York,  January  25,  1892. 

Permission  is  hereby  granted  by  the  Manhattan 
Railway  Company  to  the  Harlem  Bridge,  Morris- 
ania  and  Fordham  Railway  Company,  to  attach  its 
Trolley- Wires  and  Feeder  Wires,  to  be  used  in  the  pro- 
pulsion by  electro-motive  force  of  the  passenger  cars  of 
the  said  Harlem  Bridge,  Morrisania  and  Fordham 
Railway  Company,  to  the  elevated  railroad  structure, 
late  of  the  Suburban  Rapid  Transit  Company,  be- 
tween One  Hundred  and  Forty -fifth  street  and  One 
Hundred  and  Seventy-seventh  street,  in  the  City  of 
New  York,  in  the  manner  specified  in  a certain  agree- 
ment between  the  said  Manhattan  Railway  Company, 
and  the  said  Harlem  Bridge,  Morrisania  and  Fordham 
Railway  Company,  dated  the  twenty-third  day  of 
January,  in  the  year  one  thousand  eight  hundred  and 


PERMISSION  MAN.  RY.  CO.,  TROLLEY  & FEEDER  WIRES.  167 

ninety-one  ; and  to  enter,  by  its  officers,  agents,  and 
servants,  upon  the  said  structure  of  the  said  Manhat- 
tan Railway  Company,  and  upon  the  premises  of  the 
said  Manhattan  Railway  Company,  in  such  locality, 
for  the  purpose  of  making  such  connections. 

New  York,  January  25th,  1892. 

P.  K.  Hain, 

Second  Vice-President  and  General 
Manager  of  Manhattan  Railway 
Company. 


THE  MELROSE  AND  WEST  MORRI- 
SANIA  RAILROAD  COMPANY. 


Articles  of  Association 
of 

The  Melrose  and  West  Morris ania  Railroad 

Company. 

First. — The  name  of  said  company  shall  be  “The 
Melrose  and  West  Morrisania  Railroad  Com- 
pany. 

Second. — The  said  Company  is  to  continue  one  thou- 
sand years  from  the  day  of  the  date  hereof. 

Third. — The  road  of  said  Company  is  to  be  in- 
structed in  the  city  and  county  of  New  York,  and  the 
streets  and  avenues  in  which,  and  the  points  to  and 
from  which,  the  said  road  is  to  be  constructed,  main- 
tained and  operated,  are  as  follows  : 

Beginning  at  North  Third  avenue,  at  or  near  East 
One  hundred  and  thirty-eighth  street,  at  the  tracks  of 
the  Harlem  Bridge,  Morrisania  and  Fordliam  Railway 
Company  ; running  thence  northerly  through,  upon  and 
along  Morris  avenue,  with  double  tracks,  to  East  Rail- 
road avenue  ; thence  northerly  through,  upon  and  along 
East  Railroad  avenue,  with  double  tracks,  to  East  One 
hundred  and  fifty-sixth  street ; thence  westerly  through 
upon  and  along  East  . One  hundred  and  fifty-sixth 
street  and  across  the  tracks  of  the  New  York  and  Har- 
lem Railroad  Company,  with  double  tracks,  to  West 
Railroad  avenue  ; thence  northerly  through,  upon  and 
along  West  Railroad  avenue,  with  double  tracks,  to 
Morris  avenue  ; thence  northerly  through,  upon  and 
along  Morris  avenue,  with  double  tracks,  to  East  One 
hundred  and  sixty -first  street. 


ARTICLES  OF  ASSOCIATION.  I 


169 


Also  beginning* at  East  One  hundred  and  forty-ninth 
street  and  Morris  avenue  ; running  thence  easterly, 
with  single  track,  to  Courtlandt  avenue;  thence  run- 
ning northerly  through,  upon  and  along  Courtlandt 
avenue,  with  double  tracks,  to  East  One  hundred  and 
sixty-first  street. 

Also  from  tracks  on  Morris  avenue  and  East  One 
hundred  and  forty-eighth  street  ; running  thence  east- 
> erly  through,  upon  and  along  East  One  hundred  and 
forty-eighth  street,  with  single  track,  to  Courtlandt 
avenue  ; thence  through,  upon  and  along  Courtlandt 
avenue,  with  double  tracks  to  connect  with  the  tracks 
at  East  One  hundred  and  forty-ninth  street. 

Also  from  the  track  on  Courtlandt  avenue  at  East 
One  hundred  and  forty-eighth  street ; thence  southerly 
upon  and  along  Courtlandt  avenue,  with  double  tracks, 
to  the  intersection  of  Courtlandt  avenue  and  N orth  Third 
avenue,  and  to  the  tracks  of  the  Harlem  Bridge,  Mor- 
risania  and  Ford  ham  Railway  Company. 

Also  beginning  at  North  Third  avenue,  at  or  near 
East  One  hundred  and  thirty-eighth  street ; running 
thence  westerly  through,  upon  and  along  East  One  hun- 
dred. and  thirty-eighth  street,  with  double-  tracks,  to 
Mott  avenue  ; thenc.e  northerly  through,  upon  and 
along  Mott  avenue,  with  double  tracks,  to  East  One 
hundred  and  sixty- fifth  street ; thence  easterly  through, 
upon,  and  along  East  One  hundred  and  sixty-fifth 
street,  with  double  tracks,  to  the  entrance  of  Fleetwood 
Park. 

Also  beginning  at  the  intersection  of  Mott  avenue 
with  East  One  hundred  and  sixty-first  street ; thence 
running  easterly  through,  upon  and  along  East  One 
hundred  and  sixty-first  street,  with  double  tracks,  to  the 
intersection  of  said  street,  with  North  Third  avenue  and 
to  the  tracks  of  the  Harlem  Bridge,  Morrisania  and 
Fordham  Railway  Company. 

Fourth.—* The  length  of  said  road,  as  near  as  the  same 
can  be  ascertained;  is  four  and  one-half  miles,  and  the 
same  is  located  entirely  within  the  city  and  county  of 
New  York. 

Fifth.—  The  capital  stock  of  said  company  shall  be 
three  hundred  thousand  dollars,  and  the  same  shall  be 
divided  into  six  thousand  shares  of  fifty  dollars  each. 


170  MELROSE  & WEST  MORRIS  A NI A RAILROAD  CO. 


Sixth. — The  following  are  the  names  and  places  of 
residence  of  the  first  directors  of  said  Company,  and 
who  shall  manage  its  affairs  for  the  first  year  and  until 
others  are  chosen  in  their  places,  to  wit  : 


Name. 

William  Cauldwell, 
Matthew  B.  Wynkoop, 
John  J.  Hallenbeck, 
Henry  Spratley, 

Edwin  Bedell, 

Albert  B.  Whitney, 
Joseph  T.  Thompson, 


Residence. 

New  York  City. 

New  York  City. 
Montclair,  New  Jersey. 
New  York  City. 

New  York  City. 

New  York  City. 

New  York  City 


Seventh. — Each  of  the  subscribers  to  these  articles  of 
association  agrees  to  take  the  number  of  shares  of  stock 
in  said  Company  set  opposite  to  his  name. 

In  witness  whereof,  we  have  hereunto  set  our  hands 
and  seals  this  twelfth  day  of  August,  in  the  year  one 
thousand  eight  hundred  and  eighty-six. 


No.  OF 


Name. 

Residence.  Shares.  Seals, 

Wm.  Cauldwell, 

1086  Boston  Avenue,  NewYorkCity, 

15 

[Seal] 

Henry  Spratley 

1088  Boston  Ave,  New  York  City, 

115. 

[Seal.] 

J.  J.  Hallenbeck, 

Montclair,  N.  J., 

15. 

[Seal  ] 

W.  E.  Hallenbeck, 

Jersey  City,  N.  J., 

2. 

[Seal.] 

Albert  B.  Whitney, 

New  York  City, 

10. 

[Seal.] 

Elijah  Whitney, 

New  York  City 

2. 

[Seal.] 

Fred  W.  Kuck, 

N Y City, 

2. 

[Seal.] 

M.  B.  Wynkoop, 

N Y City, 

N Y City,  X 

15. 

[Seal.] 

Jos.  T.  Thompson, 

2. 

[Seal.] 

Edwin  Bedell 

N Y City, 

8. 

[Seal.] 

Edwin  J Hart 

1189  Franklin  Ave.,  N.  Y. 

2. 

[Seal.] 

James  Carrigan 

Third  Ave.,  170  St.,  N.  Y.  City, 

2. 

[Seal.] 

Louis  Spratley, 

1189  Franklin  Ave.,  N.  Y.  City, 

10. 

[Seal  ] 

City  and  County  of  New  York , ss  : 

William  Cauldwell,  Henry  Spratley  and 
Matthew  B.  W ynkoop,  three  of  the  directors  named 
in  the  preceding  articles  of  association,  being  duly 
sworn,  do  depose  and  say,  and  each  for  himself  says  : 


ARTICLES  OF  ASSOCIATION. 


171 


That  lie  is  a director  of  the  above  named,  The  Melrose 
and  West  Morrisania  Railroad  Company ; that  more 
than  one  thousand  dollars  of  stock  for  every  mile  of 
railroad  proposed  to  be  constructed  has  been  subscribed 
in  good  faith  to  the  articles  of  association  and  ten  per 
cent,  has  been  paid  in  cash  thereon  in  good  faith  to  the 
directors  named  in  said  articles  of  association  and  that 
it  is  intended  in  good  faith  to  construct,  maintain  and 
operate  the  road  mentioned  in  the  said  articles  of 
association. 

Wm.  Cauldwell, 
Henry  Spratley, 

M.  B.  Wynkoop. 

Sworn  to  before  me  this  18th  \ 
day  of  August,  1886  j 

O.  B.  Lewis, 

[seal.]  Notary  Public, 

Kings  Co. 

Ctf.  filed  in  N.  Y.  Co. 


City  and  County  of  New  York , ss. : 

On  the  twelfth  day  of  August,  1886,  before  me  per- 
sonally came  William  Cauldwell,  Henry  Spratley,  John 
J.  Hallenbeck,  William  E.  Hallenbeck  and  Louis 
Spratley,  and  on  the  thirteenth  day  of  August,  before 
me  personally  came  Albert  B.  Whitney,  Elijah  Whit- 
ney, Frederick  Kuck  and  James  Carrigan,  Edwin  J. 
Hart  and  Matthew  B.  Wynkoop  and  on  the  sixteenth 
day  of  August,  1886,  before  me  personally  came  Joseph 
T.  Thompson,  all  to  me  known  and  known  to  me  to  be 
the  individuals  described  in  and  who  executed  the  fore- 
going articles  of  association,  and  duly  and  severally 
acknowledged  to  me  that  they  executed  the  same. 

Waldo  Hutchins,  Jr., 

Notary  Public, 

N.  Y.  County. 


172  MELROSE  & WEST  MORRIS ANIA  RAILROAD  CO. 

City  and  County  of  New  York,  ss. : 

On  the  18th  day  of  August,  1886,  before  me  person- 
ally came  Edwin  Bedell,  to  me  known  and  known  to  me 
to  be  one  of  the  individuals  described  in  and  who  ex- 
ecuted the  foregoing  articles  of  association  and  duly 
acknowledged  to  me  that  he  executed  the  same. 

Wm.  Jay  Morphy,  (97) 

Notary  Public, 

New  York  County. 

(Endorsed)  Articles  of  Association  of  the  Melrose 
and  West  Morrisania  Rail  Road  Company.  State  of  New 
York,  office  of  Secretary  of  State.  Filed  and  recorded 
Aug.  19,  1886.  Diedrich  W l leers,  Deputy  Secre- 
tary of  State. 

Tax  for  privilege  of  organization  of  this  corporation. 
$375.00  Under  Chapter  143,  of  the  Law  of  1886.  Paid 
to  State  Treasurer  before  Filing. 


THE  NORTH  THIRD  AVENUE 
AND  FLEETWOOD  PARK 
RAILROAD  COMPANY. 


Articles  of  Association 
of  THE 

The  North  Third  Avenue  and  Fleetwood  Park 
Railroad  Company. 

First. — The  name  of  said  company  shall  be  The 
North  Third  Avenue  and  Flfetwood  Park  Rail- 
road Company.” 

i 

Second — The  said  company  is  to  continue  one  thou- 
sand years  from  the  day  of  the  date  hereof. 

Third. — The  road  of  said  company  is  to  be  constructed 
in  the  city  and  county  of  New  York,  and  the  streets 
and  avenues  in  which  and  the  points  to  and  from  which 
the  said  road  is  to  be  constructed,  maintained  and 
operated,  are  as  follows  : 

Beginning  at  a point  on  the  easterly  side  of  Third 
avenue  at  or  near  East  One  hundred  and  twenty-ninth 
street,  thence  northerly  along  Third  avenue  with  double 
tracks,  to  Harlem  bridge  ; thence  northerly,  over,  along 
and  upon  Harlem  Bridge  and  North  Third  avenue  with 
double  tracks  to  the  intersection  of  North  Third  avenue 
with  Morris  avenue,  at  or  near  East  One  hundred  and 
Thirty-eighth  street,  thence  northerly  with  double 
tracks  through,  upon  and  along  Morris  avenue  to  East 
Railroad  avenue,  thence  northerly  through,  upon  and 
along  East  Railroad  avenue  with  double  tracks  to  East 
One  hundred  and  fifty-eight  street,  thence  westerly, 
through,  upon  and  along  East  One  hundred  and  fifty- 
eighth  street,  and  across  the  tracks  of  the  New  York 
and  Harlem  Railroad  Company  and  West  Railroad  ave- 
nue, with  double  tracks  to  Morris  avenue ; thence 


174  NORTH  THIRD  AYE.  & FLEETWOOD  PARK  R.  R.  CO. 


northerly,  through,  upon,  and  along  Morris  avenue  with 
double  tracks  to  the  intersection  of  Morris  avenue  with 
One  hundred  and  sixty-fifth  street. 

Fourth.  —The  length  of  said  road  as  near  as  the  same 
can  be  ascertained,  is  one  and  nine- tenth  miles  and  the 
same  is  located  wholly  within  the  city  and  county  of 
New  York. 

Fifth. — The  capital  stock  of  said  company  shall  be 
one  hundred  thousand  dollars,  and  the  same  shall  be 
divided  into  two  thousand  shares  of  fifty  dollars  each. 


Sixth. — The  following  are  the  names  and  places  of 
residence  of  the  first  directors  of  said  company  and  who 
shall  manage  its  affairs  for  the  first  year  and  until 
others  shall  be  chosen  in  their  places,  to  wit : 


Name. 

Thomas  II.  Conover, 
Edwin  J.  Hart, 

David  E.  Babcock, 
Matthew  B Wynkoop, 
Frederick  H.  Crum, 
John  J.  Hadenbeck, 

J.  Lewis  Kuck, 


Residence. 
Jersey  City. 

N.  Y.  City. 

N.  Y.  City. 

N.  Y.  City. 
River  Edge,  N. 
Montclair,  N.  J. 
N.  Y.  City. 


Seventh. — Each  of  the  subscribers  of  these  articles  of 
association  agrees  to  take  the  number  of  shares  of  stock 
in  said  company  set  opposite  to  his  name. 

In  witness  whereof,  we  have  hereunto  set  our  hands 
and  seals  this  23rd  day  of  January,  in  the  year  one 
thousand  eight  hundred  and  ninety. 


Name. 

Residence. 

No.  of  Shares. 

Seals 

Edwin  J.  Hart, 

N.  Y.  City. 

4 

< £ 

Thomas  H.  Conover, 

Jersey  City,  N.  J. 

5 

< £ 

Rodney  F.  Bates, 

N.  Y.  City. 

5 

£ £ 

Milton  J.  Smith, 

Brooklyn. 

5 

£ £ 

J.  Lewis  Kuck, 

N Y.  City. 

5 

£ £ 

Wm.  H.  Craig, 

N.  Y.  City. 

4 

£ £ 

Matthew  B.  Wynkoop, 

N.  Y.  “ 

4 

i £ 

David  E.  Babcock, 

N.  Y.  City. 

4 

£ £ 

William  F.  Scott, 

N.  Y.  City. 

3 

£ £ 

Willis  Benner, 

N.  Y.  City. 

2 

i i 

John  J.  Hallenbeck. 

Montclair,  N.  J. 

3 

£ £ 

Frederick  H.  Crum, 

River  Edge,  N.  J. 

3 

£ £ 

James  H.  Ackerman, 

Passaic,  N.  J. 

3 

£ £ 

ARTICLES  OF  ASSOCIATION. 


175 


City  and  County  of  New  York,  ss. : 

Matthew  B.  Wynkoop,  Thomas  H.  Conover  and  J 
Lewis  Kuck,  three  of  the  directors  named  in  the 
preceding  Articles  of  Association,  being  duly  sworn, 
depose  and  say,  and  each  for  himself  says,  that  he  is  a 
director  of  the  above-named,  The  North  Third  Avenue 
~\  and  Fleetwood  Park  Railroad  Company  ; that  more 

than  one  thousand  dollars  of  stock  for  every  mile  of 
railroad  proposed  to  be  constructed  has  been  subscribed 
in  good  faith  to  the  Articles  of  Association,  and  ten 
per  cent,  has  been  paid  in,  in  cash  thereon  in  good  faith 
to  the  directors  named  in  said  Articles  of  Association, 
and  that  it  is  intended  in  good  faith  to  construct,  main- 
tain and  operate  the  road  mentioned  in  the  said  Articles 
of  Association. 

Matthew  B.  Wynkoop, 
Thomas  H.  Conover, 

J.  Lewis  Kuck. 

Sworn  to  before  me,  this  23d  ) 
day  of  January,  1890.  \ 

t Wm.  H.  Craig,  Jr., 

Commissioner  of  Deeds, 

N.  Y.  City  & County. 


State  of  New  York,  \ t 
City  and  County  of  New  York , j 

On  the  23d  day  of  January,  1890,  before  me  person- 
ally appeared  Edwin  J.  Hart,  Thomas  H.  Conover, 
Milton  J.  Smith,  J.  Lewis  Kuck,  William  H.  Craig, 
Matthew  B.  Wynkoop,  David  E.  Babcock,  William  F. 
Scott,  Willis  Benner,  John  J.  Hallenbeck,  Frederick  H. 
Crum  and  James  H.  Ackerman,  and  on  the  24th  day  of 
January,  1890,  before  me  personally  appeared  Rodney 
F.  Bates,  all  to  me  known,  and  known  to  me  to  be  the 
persons  described  in  and  who  executed  the  foregoing 


176  NORTH  THIRD  AYE.  & FLEETWOOD  PARK  R.  R.  CO. 


Articles  of  Association,  and  they  severally  duly  ac- 
knowledged to  me  that  they  executed  the  same. 

Wm.  H.  Craig,  Jr., 
Commissioner  of  Deeds, 

New  York  City  and  County. 

Endorsed  : Articles  of  Association  of  the  North  Third 
Avenue  and  Fleetwood  Park  Railroad  Company. 

State  of  New  York,  Office  of  Secretary  of  State, 
Filed  and  Recorded,  Jan  27,  1890. 

Th  E.  Benedict,  Deputy  Secretary  of  State. 

Tax  for  privilege  of  organization  of  this  corporation. 
$125.00  Under  Chapter  143,  Law  of  1886,  paid  to  State 
Treasurer  before  Filing. 


INDEX, 


Union  Railway  Company  of  New  York  City. 

page. 

Acceptance  of  franchise  ; South  Mt.  Vernon  time 

for,  extended 58 

Acceptance  of  permit  for  construction  upon  129th 

St.  Plaza 97 

Acceptance  of  consent  of  local  authorities  of  N.  Y. 

City  (second  extension) .53 

Affidavits  of  publication  of  notice  of  hearing, 

New  York 25 

Agreement  of  Consolidation 6 

Board  of  Electrical  Control ; permit  for  overhead 

wires 43 

Broadway  ; construction  of  road  upon  ; Consent 

of  Dept.  Public  Parks 66 

Consent  of  local  authorities  of  N.  Y.  City  (second 

extension) 48 

Chapter  340,  Laws  1892 1 

“ 598,  “ 1894 65 

Common  Council  (N.  Y.)  Petition  to  (second 

extension) 37 

Completion  of  Road  ; resolution  of  N.  Y.  Com- 
mon Council  as  to  time  of 67 

Consent  of  Dept,  of  Public  Parks  ; construction 

road  upon  Broadway 66 

Consent  of  local  authorities  of  N.  Y.  (first  exten- 
sion)   22 

Approval  of  by  Mayor,  Aug.  26,  1892. ..  22 

Acceptance  of 28 

Consent  of  local  authorities  (South  Mt.  Vernon) 

extension  of  route 58 

Consolidation  Agreement 6 


ii 

PAGE. 

Construction  ; Extension  of  time  to  complete 77 

“ upon  129th  Plaza  ; permit  for 96 

Department  of  Bridges  ; permit  of,  construction 

upon  129th  St.  Plaza 96 

Department  Public  Parks  ; consent  for  construc- 
tion of  road  upon  Broadway 66  /- 

Department  Public  Parks  ; permit  for  overhead 

wires  on  Madison  Ave.  bridge 35 

Extension  N.  Y.  City  ; first  extension  ...  16 

Extension  N.  Y.  City  ; second  extension 55 

Extension  in  Westchester  Co.;  proposed;  state- 
ment of 29 

Extension  of  route  ; William sbridge  ; consent  of 

local  authorities 32 

Extension  of  route  ; consent  of  local  authorities 

(South  Mt.  Vernon) 58 

Extension  of  time  for  acceptance  of  franchise 

(South  Mt.  Vernon) 58 

Extension  of  time  to  complete  South  Mt.  Vernon  57 

Extension  of  time  to  complete  construction 77 

First  Extension,  July  5,  1892  ; Petition  for 16 

Franchise  South  Mt.  Vernon ; time  to  accept, 

extended 58 

Laws  of  1892,  Chap.  340 1 

Laws  of  1894,  Chap.  598 ; Proceedings  under 

original  act  ratified 65 

Lease  of  135th  St.  line  to  Met.  St.  Ry.  Co 67 

Local  Authorities  N.  Y. ; Consent  of  (first  exten- 
sion)   22 

Madison  Ave.  bridge  ; permit  for  overhead  wires  35 

Maps  of  routes 16 

Metropolitan  Street  Ry.  Co.;  Lease  to,  of  135th 

Street  line 67 

Notice  of  hearing  ; publication  ; affidavits  of 25 

One  Hundred  thirty-filth  Street  line  ; Lease  of, 

to  Met.  St.  Ry.  Co 67 

One  Hundred  and  twenty -ninth  Street  Plaza ; 

permit  to  construct  upon 96 


Ill 


PAGE. 


Order  extending  time  to  complete  construction. . 77 

Overhead  wires  ; Madison  Ave.  bridge  ; permit 

for 35 

Overhead  wires  ; Permits  of  Board  of  Electrical 

Control  43 

V Permit  for  overhead  wires  ; Madison  Ave.  bridge.  35 

Permit  to  construct  upon  129th  Street  Plaza 96 

Permits  of  Board  of  Electrical  Control  for  over- 
head wires 43 

Petition  to  Common  Council  (N.  Y.  City)  First 

extension 16 

Petition  to  Common  Council  (N.  Y.  City)  (Second 

extension 37 

Plan  of  construction  upon  129tli  St.  Plaza 96 

Proposed  Extension  (N.  Y.  City)  ; Amended 

Statement  July  7,  1892  (First  extension). ...  19 

Proposed  Extension  in  Westchester  Co.;  State- 
ment of 29 

Proposed  extension  N.  Y.  City  (Second  extension)  55 
Publication  of  notice  of  hearing,  affidavits  of . . . . 25 

* Ratification  of  proceedings  under  original  act 65 

Resolution  of  N.  Y.  Common  Council ; time  of 

completion  of  road 67 


Second  Extension  Dec.  5,  1892  : 


South  Mt.  Yernon  ; consent  of  local  authorities 

to  extension  of  route 58 

South  Mt.  Vernon ; extension  of  time  to  com- 
plete   57 

Statement  of  proposed  extension  in  N.  Y.  City. . 19 

Statement  of  proposed  extension  in  Y.  Y.  City. . 55 

Statement  of  proposed  extension  in  Westchester 

County 29 

Time  for  acceptance  of  franchise  ; South  Mt. 

Vernon  extended 58 

Time  for  completion  of  road,  South  Mt.  Vernon 

Resolution  in  re. 67 


IV 


PAGE. 

Time  to  complete  ; extension  of,  South  Mt. 

Yernon 57 

Williamsbridge  ; Consent  of  local  authorities,  to 

extension 32 

Harlem  Bridge,  Morrisania  and  Fordham 
Railway  Company. 

Affidavit  of  payment  of  10  per  cent 105 

Agreement  as  to  138th  Street  crossing 136 

Approval  of  Bd.  of  R.  R.  Commissioners  of  in- 
crease of  stock 129 

Articles  of  association 102 

Articles  of  association,  resolution  amending 107 

Association,  articles  of 102 

Board  of  Electrical  Control,  permit  for  overhead 

wires 143 

Bd.  of  R.  R.  Commissioners,  approval  of,  to  in- 
crease stock 129 

Bd.  of  R.  R.  Commissioners,  permit  to  change 

motive  power 147 

Bd.  of  Supervisors,  Westchester  & N.  Y.  coun- 
ties, resolutions 113 

Capital  stock,  certificate  of  increase HO 

Certificate  of  increase  of  capital  stock ...  HO 

Chapter  361,  Laws  of  1863 99 

“ 715,  “ “ 1865 114 

“ 815,  “ “ 1866 115 

“ 892,  “ “ 1867 116 

“ 658,  u “ 1871 117 

“ 517,  “ “ 1873 118 

“ 553,  “ “ 1874 119 

“ 295,  “ “ 1875 120 

Commissioner  of  Street  Improvements,  permit 

for  overhead  trolley 162 

Consent  of  local  authorities  of  N.  Y.  City  for  ex- 
tension of  route  over  Harlem  Bridge 122 


V 


PAGE. 

Consent  of  property  owners,  road  south  of  Har- 
lem Bridge  121 

Dept.  Public  Parks,  permit  for  overhead  wires 

Harlem  Bridge . j ...  160 

Dept.  Public  Parks,  permit  to  open  Lincoln 

Avenue 131 

Dept.  Public  Parks,  permit  to  open  Westchester 

Avenue 138 

Dept.  Public  Parks,  permit  to  open  3rd  Avenue  124 
Resolutions  of  Dept,  of  Public  Parks  relative  to 

3rd  Avenue  Bridge 124 

Permission  of  same 124 

Approvals  of  same 124 

Harlem  Bridge ; extension  of  route  over ; con- 
sent of  local  authorities 122 

Harlem  Bridge ; permit  to  open  3rd  Avenue, 

south  of  124 

Harlem  Bridge  ; permit  to  operate  cars  over,  by 

overhead  wires 160 

Harlem  Bridge;  resolutions  relative  to 113 

Harlem  Bridge  ; road  south  of  ; consent  of  prop- 
erty owners  121 

Increase  of  capital  stock,  certificate  of 110 

Increase  of  stock ; approval  of  Bd.  of  R.  R. 

Commissioners 129 

Laws  of  1863.  Chap.  361 99 

Laws  of  1865,  Chap.  715 114 

Laws  of  1866,  Chap.  815 115 

Laws  of  1867,  Chap.  892 116 

Laws  of  1871,  Chap.  658 117 

Laws  of  1873,  Chap.  517 118 

Laws  of  1874,  Chap.  553 119 

Laws  of  1875,  Chap.  295 120 

Lincoln  Avenue  ; permit  to  open 131 

Local  authorities  of  N.  Y.  City  ; consent  for  ex- 
tension of  route  over  Harlem  Bridge , . 122 

Manhattan  Railway  Company ; permit  as  to 

trolley  and  feeder  wires 166 


3 0 


12  105220047 


vi 


PAGE. 

Map  of  consenting  property  south  of  Harlem 


Bridge 125 

Motive  power  ; permit  of  Bd.  of  R.  R.  Commis- 
sioners to  change 147 

New  York,  N.  H.  & H.  R.  R.  Co.,  agreement 

with 136  j 

One  Hundred  and  Thirty-eighth  Street  crossing, 

agreement  as  to 136 

Overhead  trolley ; permit  of  Commissioner  of 

Street  Improvements 162 

Overhead  wires,  Harlem  Bridge ; permit  Dept. 

Public  Parks  160 

Overhead  wires  ; permit  Board  of  Electrical  Con- 
trol  143 

Payment  of  10  per  cent.;  affidavit  as  to.. 105 

Permit  for  overhead  trolley  ; Commissioner  of 

Street  Improvements 162 

Permit  of  Board  of  Electrical  Control  for  over- 
head wires 143 

Permit  of  Manhattan  Ry.  Co.  to  attach  trolley  . 

and  feeder  wires 166  I 

Permit  to  change  motive  power ; Bd.  of  R.  R. 

Commissioners 147 

Permit  to  open  Lincoln  Avenue 131 

Permit  to  open  Third  Ave.  south  of  Harlem  Bridge  124 

Permit  to  open  Westchester  Avenue 138 

Permit  to  operate  cars  over  Harlem  Bridge  by 

overhead  wires 160 

Resolutions  amending  articles  of  association 107 

Resolutions;  Bd.  of  Supervisors,  Westchester 

and  New  York  Counties 113 

Stock;  increase  of 129 

Third  Avenue  ; permit  to  open  south  of  Harlem 

Bridge  124 

Westchester  Avenue  ; permit  to  open 138 

Wires  ; trolley  and  feeder  ; permission  of  Man- 
hattan Ry.  Co.  to  attach 106 


